Delhi High Court: Husband Must Prove ‘Living in Adultery’ for Non-Payment of Maintenance- Pradeep Kumar Sharma v. Deepika Sharma 2022

Landmark Judgment Law Insider (1)

Published on: April 26, 2024 11:26 IST

Court: High Court of Delhi

Citation: Pradeep Kumar Sharma v. Deepika Sharma 2022

Honourable High Court of Delhi has held that for the Husband has to discharge the burden of proof of proving adultery against the respondent wife to take benefit of non-payment of maintenance under Section 125(4) of the Code of Criminal Procedure, 1908 CrPC.

It is a settle the position with respect to bar of adultery for grant of maintenance in favour of the wife that the law mandates that in order to seek the benefit of the provision under Section 125(4) CrPC, the husband has to establish with definite evidence that the wife has been living in adultery, and one or occasion acts of adultery committed in isolation would not amount to “living in adultery”.

17. In the instant case, the petitioner is challenging the order of maintenance on the grounds of cruelty, adultery, desertion without reason as well as the fact that the wife was capable enough of maintaining herself. The learned Additional Principal Judge has gone into deep, evaluative and comprehensive appreciation of evidence and facts on record while passing the impugned order.

18. The petitioner has pleaded cruelty as a ground for the wife not being entitled for the maintenance and has elaborately submitted the contentions for alleging cruelty and harassment against the respondent. The law emanating from various precedents of the Supreme Court and various High Courts establishes the position of payment of maintenance holding that the ground of cruelty does not disentitle the wife of her right to maintenance. Even in cases where divorce is granted on the ground of cruelty, courts have awarded permanent alimony to the wife and there is no bar of cruelty in the right of the wife to claim maintenance.

Drafted By Abhijit Mishra

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