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.
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