A Delhi family court has ruled that a divorced woman proven to be living in adultery is not entitled to maintenance under Section 125(4) CrPC. The court relied on a DNA test and prior divorce judgment to dismiss her plea.
New Delhi: A Delhi family court has rejected the plea of a divorced woman who sought financial assistance from her former husband, holding that she is not entitled to maintenance because she was found to be living in adultery.
The order was passed by Family Court Judge Namrita Aggarwal on August 20 while hearing the woman’s application. She had claimed that her estranged husband,
“though legally and morally bound to provide maintenance, was intentionally ignoring the same.”
The court recalled that in May this year, the predecessor court had granted divorce to the couple on the ground that the wife was living in adultery, and that she had not been faithful and loyal to her husband during their marriage.
The court noted that the earlier findings were based on evidence, including a DNA test report.
The order recorded that the predecessor court had relied upon the DNA test report, which revealed that while the woman was indeed the biological mother of one of the children,
“the husband was not his biological father.”
The family court observed,
“The said DNA test report, as well as the judgment, has not yet been challenged by the petitioner, meaning thereby that she admits to living in adultery,”
The order also mentioned that the woman had faced criminal trial earlier. She had been charged and tried for the murder of her mother-in-law, for which she remained in custody for around four years. Although she was later acquitted,
“the order of her acquittal was challenged in the Delhi High Court.”
The court further said,
“Thus, from the testimonies of the parties as well as on the basis of the relied judgment … passed by the predecessor court, it is established that the respondent (wife) is living in adultery, and as per section 125(4) of the Code of Criminal Procedure (CrPC), a wife if living in adultery is not entitled to any maintenance from her husband.”
The judge also pointed out that the woman was already residing with another individual and had sufficient financial resources of her own.
She possessed various properties, earned income from them, and was not bearing the responsibility of raising her children. It was noted that the husband was taking care of all their expenses.
The court concluded,
“Hence, the petitioner is not entitled to maintenance.”
This ruling once again highlights that under Section 125(4) of the Code of Criminal Procedure, a wife who is found to be living in adultery cannot claim financial support from her husband.
In this case, the evidence, including DNA testing and previous findings of the divorce court, was decisive in rejecting the woman’s claim.
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