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In a significant judgement delivered on May 9, 2025, the High Court of Chhattisgarh held that a wife who is divorced on the grounds of adultery is not entitled to alimony/maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The high court upheld the judgement of the Chhattisgarh family court granting divorce to the husband on the grounds of adultery.

The family court gave this judgement because the husband legally established that his wife committed adultery by engaging in physical/sexual relations with his younger brother in their home. The husband also claimed that when he caught her in the adultery act, she threatened to prosecute him in false and frivolous legal cases, placing him under duress.

After hearing the husband’s legal arguments, the Chhattisgarh High Court said sub- Section 4 of Section 125 of the CrPC provides that a woman who is living in adultery, while her marriage remains intact, is not entitled to get maintenance money from her husband. The high court also said the divorce decree obtained by the husband, which was based on evidence of the wife’s adulterous conduct, does not give her licence to maintain an illicit relationship or reinstate her right to claim maintenance.

Read below to understand how this case unfolded and how various courts dealt with it.

How did this divorce case start?

According to the order of the Chhattisgarh High Court dated May 9, 2025, here are the details:

1. July 11, 2019: The concerned couple gets married as per Hindu rites and ritual.
2. March 1, 2021: The wife left her matrimonial home and went to her paternal home. She lost her mother, and since then she has been residing with her brother.
3. March 2, 2021: The husband filed a divorce petition under the Hindu Marriage Act.
4. September 8, 2023: The Chhattisgarh family court granted divorce to the husband from his wife on the grounds of adultery committed by the wife with his younger brother.

After this, the wife filed an appeal in the high court as her former husband was not paying any alimony/maintenance.

What the husband’s lawyer argued

According to the order of the Chhattisgarh High Court dated May 9, 2025, here’s what the husband’s lawyer said:

• The applicant/husband marked his appearance before the family court and raised an objection that after a few months of marriage, her behaviour changed and she used to quarrel on every trivial issues.
• The wife had an illicit relation with his younger brother and when he objects it, she used to fight with him. She also threatened to prosecute him in false and frivolous cases, due to which he was under duress.
• She used to live her life at her own will and left the matrimonial home without any sufficient reason.
• He has also submitted that his wife was found to be committing adultery with his younger brother, which has been legally proved before the Competent Court vide order/judgment/ decree dated September 8, 2023, passed by the second additional principal judge family court. On this ground, the family court subsequently granted a decree of divorce in favour of the husband.

How the wife’s lawyer countered

According to the high court judgement, here’s what else the wife’s lawyers said:

• There is fine line difference between the phrases “Living in Adultery” and “Once lived in Adultery” or “Once established physical relation with someone twice or thrice”.
• It was not claimed by husband that the wife is claiming maintenance while living in adultery.
• It is his defence stating that a Decree of Divorce is in his favour on the basis of the extramarital affair of his wife with his younger brother. Having extramarital affairs and living an adulterous life are completely different parameters.
• Even if the same is accepted, the divorce was granted, stating that the wife had an extramarital affair with the younger brother of the husband, and hence, she lived an adulterous life. The learned Family Court has not at all appreciated the fact that all the witnesses of divorce proceedings were family members of the husband.

What did the Chhattisgarh High Court say about adultery?

The Chhattisgarh High Court after hearing both the parties’ lawyers explained what the law said:

Sub-section 4 of Section 125: No maintenance money if woman commits adultery while married

• Sub-Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she is not entitled for maintenance from her husband.
• Suppose, a decree for divorce is granted on the ground of her living in adultery; can it be said that the said disqualification, of which she was suffering all along during the subsistence of the marriage, will cease to exist because of the decree for divorce? The prudent answer to this question shall be an emphatic—“No”.
• The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a licence to her to continue to live in an illicit relationship and to get her right to claim maintenance revived. Therefore, I conclude that a divorced wife, who lives in adultery, viz., living in an illicit relationship with a man apart fro her former husband, is disqualified from claiming maintenance under Section 125 of the Code.

Divorce on grounds of adultery is sufficient evidence

• If once the decree for divorce is granted on the ground of adultery, such a finding is relevant for deciding the issue of adultery in the present case. The decree is a decree passed on proof of the claim made by means of sufficient evidence which has not been challenged by the aggrieved party.

The Chhattisgarh High Court’s final judgement

The Chhattisgarh High Court in its final judgement upheld the divorce given by the family court and did not ask the husband to pay any alimony/maintenance to his wife. The high court said:

• This court is of the opinion that the decree for divorce granted by the Family Court in favour of the husband is sufficient proof that the wife was living in adultery. When once such a decree is in force, it is not possible for this court to take a different view contrary to the decree granted by the Civil Court. Therefore, this court is of the considered view that the decree granted by the Family Court clearly proves that the applicant was living in adultery, and thus, the wife suffers from the disqualification to claim maintenance from the husband.
• As such, the impugned order dated 06.11.2024 passed by the Second Additional Principal Judge, Family Court, Raipur, in Miscellaneous Criminal Case No. 637/2024 is set aside / quashed. The criminal revision i.e. CRR No. 1322/2024 =led by the applicant-husband is allowed. Consequently, the criminal revision i.e. CRR No. 58/2025 led by the applicant-wife is dismissed.

Arnaz Hathiram, a digital media professional, says: “Section 125 CrPC, now read as Section 144 BNSS, was a provision created to avoid destitution of married women. This provision permits married as well as divorced women to seek lifelong maintenance from husbands. While the court, in this case, has rightly rejected maintenance to a divorced wife who has been living in adultery, sadly, facts of each case on adultery itself differ. Divorce and maintenance cases are purely dependent on the outlook of how a Judge wants to interpret the law. This Chhattisgarh High Court order can be used as a precedent, but proving adultery is again very subjective.”

What does Section 125 of CrPC say?

ET Wealth Online has asked many experts about Section 125 of CrPC and here’s what they said:

Aslam Ahmed, Partner, Singhania & Co.: Under Section 125 of the Code of Criminal Procedure (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita BNS), a wife can claim maintenance from her husband if she can’t support herself. However, she loses this right if she’s living in adultery, as specified in sub-section (4) of the same provision. Even in cases where the husband is directed to pay alimony, the amount may be reduced based on the wife’s adulterous behaviour.

The issue of alimony in case where either spouse has committed adultery is a complex legal matter that requires careful consideration depending on the facts and circumstances of each case. Indian courts through various judicial pronouncements have endeavored to balance the need for fairness with the principles of justice, often denying alimony to an adulterous spouse unless financial hardship dictates otherwise.

Nandini Bhardwaj, Senior Manager- Legal, Uniqey by JJ tax: Section 125(4) of the Code of Criminal Procedure, 1973 explicitly provides that a wife shall not be entitled to receive maintenance from her husband if she is living in adultery, refuses to live with him without sufficient reason, or if they are living separately by mutual consent. Therefore, if the husband is able to establish before the court that the wife has committed adultery, her claim for maintenance can be legally denied. However, it is critical to underline that the burden of proof lies with the husband. Mere allegations are insufficient. The court requires cogent, credible, and admissible evidence to draw such a conclusion. Adultery, being a grave allegation, must be substantiated through strict standards of proof, failing which the wife remains entitled to maintenance.

Anshuman Singh, Advocate on record, Patna High Court: As for the grant of maintenance is concerned, the Court by virtue of Proviso(4) and (5) of Section 125 of Code of Criminal Procedure, now consequent Section being Section 144 of the BNSS, is entitled to deny maintenance to the wife found to be living in Adultery (if proved, being an act of continuity). However, Courts are cautious to distinguish between isolated acts and “living in Adultery” which is a recurring and continuing offence. Hence, evidence of sustained adulterous conduct is vital.

What might be some key legal takeaways from this judgement?

ET Wealth Online has asked various legal experts about what might be some key legal takeaways from this judgement. Here’s what they said:

Tushar Kumar, Advocate, Supreme Court of India: In the realm of matrimonial jurisprudence, Section 125(4) of the Code of Criminal Procedure, 1973, carves out specific disqualifications wherein a wife may be denied the right to claim maintenance. One such statutory embargo arises when the wife is found to be “living in adultery.” The phrase, though appearing simple, has been the subject of nuanced interpretation across various High Courts. However, where there exists a judicial finding, by way of a decree of divorce granted on the ground of adultery, the disqualification is not merely presumptive but conclusive in nature. This recent judgment of the High Court of Chhattisgarh in CRR No. 1322 of 2024 decisively affirms this position, holding that a decree granted upon proof of adulterous conduct extinguishes the statutory right of a wife to claim maintenance under Section 125 CrPC, as the foundational requirement of moral entitlement stands eroded.

The significance of this pronouncement lies not merely in its application to the parties therein, but in the larger doctrinal clarification it offers. While earlier courts had emphasized the necessity of demonstrating a continuous and present adulterous lifestyle to attract the bar under Section 125(4), this judgment draws a marked distinction. It holds, in clear terms, that once a competent civil court has decreed divorce on the ground of adultery, after due adjudication and appreciation of evidence, such a finding acquires a binding character and must inform any subsequent criminal maintenance proceedings. The Court observed, in essence, that a wife who has been adjudged guilty of adultery cannot invoke the protective canopy of Section 125, for to allow so would be to nullify the very object of the statutory exclusion.

Aslam Ahmed, Partner, Singhania & Co.: The recent ruling of Chhattisgarh High Court represents a significant development in the jurisprudence surrounding maintenance rights under Section 125 of the CrPC. The High Court not only denied the petitioner’s demand for higher maintenance but also quashed the one previously granted by the family court. By holding that a divorced wife living in adultery is disqualified from claiming maintenance, the Court has clarified that moral considerations inherent in the disqualifications under Section 125(4) continue to operate even after the dissolution of marriage.

The case addresses a critical legal question which involves the interplay of divorce law and maintenance provisions, that is, whether a woman whose marriage was dissolved on grounds of her adultery can subsequently claim maintenance under Section 125 of the Criminal Procedure Code. The judgment delivered by the Chhattisgarh High Court provides significant clarity by adopting a purposive interpretation and extending the applicability of the disqualification under Section 125(4) to divorced women, broadening its scope beyond the literal wording of the statute which refers to “wife.” The ruling provides protection to ex-husbands against maintenance claims from former spouses who continue in adulterous relationships after divorce.

Nandini Bhardwaj, Senior Manager- Legal, Uniqey by JJ tax: The recent ruling by the Chhattisgarh High Court reaffirms the principle laid down under Section 125(4) CrPC and provides judicial clarity on the conditions under which a wife’s entitlement to maintenance can be legitimately curtailed. Legally, it reinforces the statutory balance that maintenance is a right subject to reasonable conduct and fidelity within the marital bond. From a societal standpoint, while the ruling may appear stringent, it aims to strike a fair balance ensuring that maintenance provisions are not abused by an erring spouse, while also deterring parties from making baseless allegations without substantiation.
In future cases, this decision is likely to guide lower courts toward a more rigorous, evidence based assessment in maintenance claims, especially where allegations of adultery are involved. It underscores the principle that equitable relief under Section 125 CrPC must be granted with due regard to the conduct of both parties, thereby upholding the spirit of justice and fairness

Anshuman Singh, Advocate On Record, Patna High Court: The judgment is significant because it clarifies the legal standards set in the statute for granting or denying maintenance to wives (the provisions can also be used for granting maintenance to children and parents). The Hon’ble Chattisgarh High Court has relied on and cited several precedents from the other High Courts including Calcutta, Bombay and Madras High Court to reaffirm three golden rules:

1. That living in adultery is not synonymous with a single isolated act of adultery,
2. That the burden lies on the husband to prove the “continuous adulterous act of the wife”, and
3. Further mere allegations which are vague in nature cannot be used to deny maintenance to wives.

The Judgement provides protection against the potential misuse and ensuring fairness besides aligning with the legislative Intent and patterns of Social Justice.

Alay Razvi, Managing Partner, Accord Juris: Under section 125(4) of CrPC, a wife can be denied maintenance if it is legally establish that she is living in adulterous. In this case, the husband had already obtained a divorce decree on the ground of adultery, and the court ruled that the decree was sufficient proof that the wife had lived in an adulterous relationship with his younger brother. The High Court emphasized that once a competent court has granted divorce based on proven adultery, the wife loses her right to claim maintenance under Section 125 CrPC. The judgment makes a distinction between a past act of adultery and a course of conduct involving continuous adulterous life especially pro in in a divorce decree. In this judgement , the court held that once a decree is granted on the ground of adulterous, it is a binding and is a legal bar to the wife’s right to claim maintenance , even post marriage.