A single judge of Allahabad High Court held as follows,
From Paras 4-5,
4. From a bare perusal of Section 125(4) Cr.P.C., it is patently manifest that once there is categorical allegation of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.
5. This Court prima facie finds that the exercise as required under Section 125(4) Cr.P.C. is completely missing in the matter and without recording any finding on the issue of adultery, the impugned order dated 13.4.2023 has been passed whereby interim maintenance amounting Rs.7,000/- has been awarded in favour of Opposite Party No.2.
Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024
If this case status is not available from eCourts app/website, then access it from Allahabad HC’s inhouse application here.
Index of Maintenance Judgements u/s 125 CrPC is here.
Shades of Knife
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