The Chhattisgarh High Court has given an important decision. It said that if a woman is divorced because she was cheating (living in adultery), she cannot ask for money (maintenance) from her ex-husband.
Background of the Case
A man and woman from Raipur got married in 2019. In 2021, the wife left the house. She said her husband was treating her badly. Later, she went to court and asked for monthly money (Rs. 4,000) to take care of her needs.
But the husband told the court that his wife was in a relationship with his younger brother. He also said that she threatened to file a false case against him. So, he filed for divorce.
In September 2023, the family court gave divorce and said that the wife was guilty of adultery (cheating). But in November, the same court told the husband to give her Rs. 4,000 per month. The wife even asked for Rs. 20,000 per month later.
Husband Went to High Court
The husband was not happy with this decision. He went to the High Court. His lawyer said that according to Section 125(4) of the CrPC, if a wife is found to be living in adultery, she has no right to get maintenance.
The High Court agreed. The judge said that the divorce was given because she was cheating, so she is not allowed to take any money from her ex-husband.
What Does the Law Say?
As per the law (Section 125(4) CrPC), a woman cannot get maintenance if:
She is living in adultery,
She refuses to live with her husband without a good reason,
Or both agreed to live separately.
Final Decision
The High Court cancelled the family court’s maintenance order and also rejected the wife’s request to increase the amount. This decision shows that proven adultery means no maintenance.