Recently, the Patna High Court said that isolated lapses or moral failings on the part of a wife do not automatically disqualify her from claiming maintenance under Section 125 of the Code of Criminal Procedure (Cr.PC). The high court bench of Justice Jitendra Kumar, who was presiding over the case, clarified that there is a difference between acts of adultery and "living in adultery".  The Patna High Court observed in a Criminal Revision Petition wherein the husband had alleged that his wife was not entitled to maintenance as she had engaged in an illicit relationship. Notably, the case arose from a maintenance order of the Principal Judge, Family Court, Bhagalpur, which had directed the husband to pay INR 3,000 per month to the wife and INR 2,000 per month to their minor daughter. However, the husband challenged the order, claiming that his wife had committed adultery and that the child was not his biological daughter. Muslim Woman Entitled to Maintenance if Unable To Maintain Herself After Divorce Despite Being Paid for Iddat Period, Says Patna High Court; Allows Woman’s Plea Seeking Maintenance.

Husband Claims Wife Committed Adultery

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

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