In a landmark verdict that could have significant legal implications, the Chhattisgarh High Court has ruled that a woman is not entitled to alimony or maintenance from her husband if the divorce was granted on the grounds of her extramarital affair. The court stated that under such circumstances, her legal right to claim financial support ends.
This ruling, pronounced on May 9, 2025, emphasizes the provisions of Section 125(4) of the Criminal Procedure Code (CrPC), which clearly denies maintenance to a wife if she is found to be living in adultery.
As reported by Economic Times, the case revolves around a married couple whose union was formalized on July 11, 2019, following Hindu rites and traditions. However, the marriage deteriorated soon after.
The wife left her matrimonial home and returned to her parental house on March 1, 2021.
The next day, the husband filed for divorce under the Hindu Marriage Act, citing adultery.
On September 8, 2023, the family court granted divorce on the grounds of the wife’s extramarital relationship.
Later, the wife filed an appeal in the High Court seeking alimony, claiming that her husband was refusing to support her financially.
During the proceedings, the husband presented strong evidence in the family court that revealed his wife had an illicit relationship with his younger brother (devar). He even caught them in a compromising position, which reportedly took place within the shared household.
The husband further alleged that upon confrontation, the wife threatened to file false cases against him. These claims, supported by witness testimonies—mostly family members—played a pivotal role in the divorce decree.
Husband’s Lawyer:
The husband’s legal team argued that the wife:
Frequently picked fights over trivial issues.
Had a confirmed sexual relationship with her brother-in-law.
Voluntarily left the house without valid reason.
Was using the maintenance demand as a pressure tactic despite having lost the case on clear grounds of adultery.
Wife’s Lawyer:
The wife’s counsel contended that:
There is a difference between "occasional immoral behavior" and sustained adultery.
Even if adultery was proven, it should not automatically disqualify her from maintenance.
All the witnesses were related to the husband, and hence, the credibility of evidence should have been reconsidered by the court.
The High Court rejected the wife’s appeal and upheld the lower court’s decision in favor of the husband. The bench referred to Section 125(4) CrPC, which clearly states:
“No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery.”
The court clarified that even post-divorce, if the divorce was granted on the basis of proven adultery, the wife loses her right to maintenance. The reasoning is that support is not meant for those who have breached the marital bond by engaging in extramarital affairs.
This decision reinforces the importance of moral conduct in marital relationships and is likely to serve as a precedent in future family law cases. The High Court’s interpretation of Section 125(4) sends a clear message: adultery can have legal and financial consequences, especially when proven in court.
The Chhattisgarh High Court's verdict is a significant development in Indian family law. It underlines the importance of evidence-based judgments and reiterates that the right to alimony is not absolute, especially in cases involving moral misconduct.
This ruling is expected to influence similar cases across India and may contribute to more cautious litigation in divorce and maintenance matters.
