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Chhattisgarh High Court Denies Maintenance to Divorced Wife Over Adultery

The court quashed a ₹4,000 monthly maintenance order and dismissed a petition for increased support, citing proof of adultery in the divorce decree.

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Overview

  • Justice Arvind Kumar Verma ruled that a divorce decree on adultery grounds disqualifies a wife from claiming maintenance under Section 125(4) of the CrPC.
  • The High Court overturned a Raipur family court's order granting ₹4,000 monthly maintenance to the wife and dismissed her request for ₹20,000 per month.
  • The husband argued that the wife's adultery, proven in the family court, barred her from maintenance and disputed her claims about his income.
  • The wife alleged mental torture and financial neglect by her husband and in-laws but was found to have engaged in an illicit relationship with her husband's younger brother.
  • The ruling underscores the evidentiary weight of divorce decrees in maintenance cases and highlights judicial interpretations of spousal support exceptions.