Once There Is Allegation Of Adultery Against Wife, Court U/s. 125 CrPC Must Decide Issue Of Adultery Before Awarding Maintenance: Allahabad HC
The Allahabad High Court has held that once there is a categorical allegation of adultery against the wife, then the court under Section 125 of the CrPC has to decide the issue of alleged adultery against the wife before awarding interim maintenance.
The husband had challenged the impugned order by the family court which awarded interim maintenance to the wife even though the husband had alleged that she was in adultery. The Court stayed the impugned order and issued notice to the wife to file a counter affidavit.
A Single Bench of Justice Manjive Shukla observed, “From a bare perusal of Section 125(4) Cr.P.C., it is patently manifest that once there is categorical allegation of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.”
Advocate Rishabh Agarwal appeared for the revisionist, while Advocate Arun Kumar Yadav represented the opposite parties.
The revision was filed challenging the order passed by the Family Court, whereby interim maintenance was awarded in favour of the wife under the proviso appended to Section 125 of the Cr.P.C.
The husband submitted that in the proceedings under Section 125 of the Cr.P.C., a categorical reply was filed stating that the wife was in adultery and therefore, in view of the provisions contained under Section 125(4) Cr.P.C., she was not entitled either for interim maintenance or for final maintenance.
Section 125(4) of the Cr.P.C. reads, “No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”
Perusing Section 125(4) of the Cr.P.C., the High Court held that once a categorical allegation of adultery against the wife was made, then the concerned court dealing with the matter under Section 125 of the Cr.P.C. must decide the issue of adultery and interim maintenance can be awarded only after recording a finding on that issue.
Consequently, the Court observed, “This Court prima facie finds that the exercise as required under Section 125(4) Cr.P.C. is completely missing in the matter and without recording any finding on the issue of adultery, the impugned order dated 13.4.2023 has been passed whereby interim maintenance amounting Rs.7,000/- has been awarded in favour of Opposite Party.”
Accordingly, the High Court listed the matter for further hearing November 25, 2024.
Cause Title: V v. State of UP & Anr.
Appearance:
Revisionist: Advocate Rishabh Agarwal
Opposite Party: Advocates Arun Kumar Yadav and Satya Narayan Yadav
