Patna High Court: Isolated Moral Lapses Not Enough to Deny Maintenance to Wife Under CrPC Section 125.
Patna High Court: that protects the rights of estranged wives seeking maintenance, the Patna High Court recently clarified that isolated moral failings or past indiscretions of a woman do not automatically disqualify her from receiving maintenance under Section 125 of the Code of Criminal Procedure (CrPC). Justice Jitendra Kumar , who presided over the matter, drew a crucial distinction between isolated acts of adultery and “living in adultery.” He emphasized that " adultery " implies a continuous, ongoing relationship and not just one or two moments of moral weakness. " Any physical relationship of a lady with any person prior to her marriage does not come within the definition of ‘adultery’ because adultery is an offence against one’s spouse, " the judge observed. " However, ‘living in adultery’ denotes a continuous course of conduct and not isolated acts of immorality. " The observation was made during a criminal revision petition filed by a husb...