Patna High Court Clarifies What Constitutes ‘Living in Adultery’ Under CrPC Section 125

Patna High Court Clarifies What Constitutes ‘Living in Adultery’ Under CrPC Section 125

The Patna High Court clarified the interpretation of "living in adultery" under Section 125(4) of the Code of Criminal Procedure (CrPC), which disqualifies a woman from receiving maintenance.

The Court held that occasional sexual encounters outside marriage do not amount to "living in adultery." The woman must be in a continuous or stable adulterous relationship for this disqualification to apply.

This observation came while rejecting a husband's plea to deny maintenance to his wife based on alleged one-time incidents.

The Court stressed that Section 125 is a welfare provision and must be interpreted liberally to protect dependent women.

Read Judgement / 2 months ago

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