Situation 1

A and B were husband and wife and now they are divorced. Now B files a maintainence case against a relying on Explanation to Section 125 CrPC that “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. A is able to prove that B is living in adultery and therefore by virtue of Section 125(4) CrPC she is not entitled to maintenance. As per this provision, no wife shall be entitled to receive maintenance from her husband if she is living in adultery. The issue thus before the Court is whether a divorced woman can be said to be ‘living in adultery’ for invoking Section 125(4) CrPC.

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