Chhattisgarh High Court ordered Alimony Denied due to Wife's Adultery

In a judgment dated May 9, 2025, the Chhattisgarh High Court ruled that a wife divorced on the grounds of adultery is not entitled to maintenance under Section 125 CrPC. The court upheld a family court decision granting divorce to the husband after he legally proved his wife’s adulterous relationship with his younger brother.

The husband claimed his wife changed after marriage, quarreled frequently, and threatened him with false legal cases when confronted about the affair. He submitted that she left the matrimonial home without reason and lived an adulterous life—claims supported by a family court decree dated September 8, 2023.

The wife’s lawyer argued that having an extramarital affair and "living in adultery" are distinct concepts. He emphasized that the divorce decree was based on testimony from the husband's family members and did not conclusively prove the wife was living in adultery at the time she claimed maintenance.

The High Court, however, clarified that Section 125(4) CrPC disqualifies a woman from receiving maintenance if she is living in adultery while married. It held that a divorce granted on the basis of adultery is sufficient proof, and the disqualification continues post-divorce if she continues such conduct.

The Chhattisgarh High Court stated that a decree confirming adultery negates any future claim for maintenance, and a woman cannot revive her right to alimony by virtue of a divorce obtained due to her own adulterous conduct.

As a result, the court quashed the family court’s earlier maintenance order (dated 06.11.2024) and allowed the husband’s criminal revision (CRR No. 1322/2024), while dismissing the wife's appeal (CRR No. 58/2025).

What does Section 125 of CrPC say?

Under Section 125 of the Code of Criminal Procedure (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita – BNS), a wife is entitled to claim maintenance from her husband if she is unable to maintain herself. However, this right is forfeited if she is found to be living in adultery, as outlined in sub-section (4) of the same provision. Even when courts grant alimony, the amount may be reduced if the wife's adulterous conduct is established.

The question of alimony in cases involving adultery is a legally intricate issue that must be assessed based on the specific facts and context of each case. Indian courts, through various judgments, have attempted to strike a balance between fairness and justice, often refusing maintenance to an adulterous spouse unless compelling financial hardship justifies support.

Our View: Section 125 of the CrPC, now read as Section 144 of the BNSS, was introduced to protect married women from financial destitution. It allows both married and divorced women to claim lifelong maintenance from their husbands. In the present case, the court has rightly denied maintenance to a divorced woman found to be living in adultery. However, determining adultery is inherently subjective, as the facts can vary greatly from case to case. Outcomes in divorce and maintenance matters often hinge on how individual judges choose to interpret the law. While this ruling from the Chhattisgarh High Court may serve as a precedent, establishing adultery remains a complex and interpretive process.