Wife Living In Adultery Not Entitled To Maintenance, Rules Delhi Court

New Delhi: The Family Court in Delhi has dismissed a woman’s plea seeking maintenance from her estranged husband, holding that she was disqualified on account of living in adultery.

Judge Namrita Aggarwal, while pronouncing the order on August 20, 2025, referred to Section 125(4) of the Code of Criminal Procedure, which states that a wife living in adultery is not entitled to claim maintenance from her husband.

The case arose from an application filed by the woman under Section 125 CrPC, seeking monthly maintenance. The court noted that although a husband is legally and morally bound to provide maintenance, the law disentitles a wife proven to be in adultery from seeking such relief.

The background of the case shows that the marriage had earlier been dissolved in May 2024 on the ground of adultery. During those proceedings, a DNA test revealed that while the woman was the biological mother of three children, the respondent husband was not the biological father of one of them. This finding, not having been challenged, became final.

The court therefore observed that a wife “living in adultery is not entitled to maintenance from her husband.” The court further took note of the petitioner’s financial independence, pointing out that she had income from multiple properties. It was also recorded that the estranged husband was already bearing the educational and living expenses of the children.

Finding no merit in the plea, the petition was dismissed.