Mohammad Rizwan Khan Vs State of UP and Anr on 08 Sep 2025

Posted on January 9 by ShadesOfKnife

A single judge of Allahabad High Court held that, perjury applications must be disposed first before deciding maintenance petitions when allegations of adultery are alleged.

From Paras 9 to 11,

9. In the application filed by the revisionist under Section 125 (4) Cr.P.C., it has been alleged that since the marriage, the behaviour of the opposite party no.2 towards the revisionist and his family members was very bad. She used to abuse the revisionist and always ready to fight and quarrel. It is also alleged that she used to receive dirty and obscene messages and videos through her mobile phone and she also exchanged obscene conversations and messages with so many persons like Shakeel Ahmed, Nikhil Varshney, Haider, Ashwin etc. In support of said allegations, the revisionist has enclosed the list of names along with mobile numbers along with the said application. The daughters of the revisionist also disclosed to the revisionist that in his absence, some persons come to his house to meet opposite party no.2 and she used to get them locked in another room along with herself and used to spend one or two hours with that person in that room. At that time, the daughters used to hear dirty words and sounds from inside the locked room. It is then alleged that seeing obscene acts of opposite party no.2 and thinking about the future of his children, the revisionist was forced to take both his daughters to his ancestral home at Lucknow and got them admitted in a good school there and both the daughters of the revisionist are getting their education there.
10. It is further alleged in the said application that opposite party no.2 makes nude videos of her body and sends them to other persons. A person made a C.D. of nude videos of the opposite party no.2 and gave it to the revisionist. Opposite party no.2 watches donkey sex videos. The nude videos and voice recordings of the opposite party’s conversations are captured in the said C.D., which has also been enclosed along with the said application. It is pertinent to mention here that daughter of opposite party no.2, namely, Nadiya Khan as D.W.-1 in her affidavit i.e. examination-in-chief filed before the trial court in the instant proceedings under Section 125 Cr.P.C. as also in the cross-examination, who is living with the revisionist along with her younger sister has supported the aforesaid allegations as made by the revisionist in his application under Section 125 (4) Cr.P.C. against opposite party no.2.
11. It is also alleged that the opposite party no.2 is an educated woman, having degrees of B.Tech and M.B.A. She has also worked in Dubai and there too the opposite party no.2 had illicit relations with other men. Despite being married and mother of two daughters, she used to talk vulgarly with other men, which is clearly proved by the audio recording.

Mohammad Rizwan Khan Vs State of UP and Anr on 08 Sep 2025

Index to Perjury Judgments is here.

Jinesh CR Vs Aswathy PR on 19 Nov 2025

Posted on December 8, 2025 by ShadesOfKnife

A single judge of Kerala High Court held that the level or standard of prove for adultery is just preponderance of probability under Sec 144 BNSS case (being a civil proceeding) but not that of Proof beyond reasonable doubt which may be applicable in a criminal case.

From Para 5,

5. Section 125 of Cr.P.C. (Section 144 of BNSS) states that a husband with sufficient means is liable to provide maintenance to his wife who cannot support herself. However, the wife’s right to claim maintenance is not absolute. Sub-Section (4) of Section 125 (Section 144(4) of BNSS) clearly specifies that a wife living in adultery is not entitled to claim maintenance. The dictum laid down in all the decisions cited by the learned counsel for the petitioner and referenced earlier is that a single instance of adulterous conduct is not enough to disqualify a wife from claiming maintenance; rather, there must be evidence of continuous adulterous behaviour. In brief, there should be proof that the wife is habitually engaging in an adulterous life with the partner to invoke the provisions of subsection (4) of Section 125 of Cr.P.C. This legal principle is well settled. The key issue, however, is that when a husband defends proceedings under Section 125 of Cr.P.C. (Section 144 of BNSS) by claiming that the wife is living in adultery, what level of proof is required to establish that the wife is indeed living in adultery?

From Para 6,

6. The right claimed by the wife under Section 125 of Cr.P.C. is a civil right. Maintenance proceedings under Section 125 of Cr.P.C. are also civil proceedings, although breach may lead to penal consequences. In criminal cases, the standard of proof is proof beyond a reasonable doubt, whereas in civil cases, the standard is based on the preponderance of probabilities. The concept of proof beyond a reasonable doubt applies only to criminal trials and cannot be used in civil disputes, including matrimonial and maintenance cases. When the husband alleges that the wife is living in adultery and thereby disqualified from claiming maintenance, he is not required to prove the adulterous act beyond a reasonable doubt, as in criminal prosecution under the now-repealed Section 497 of IPC. Instead, proof by preponderance of probabilities is sufficient. Adultery typically occurs in secrecy, making direct proof rare. Consequently, adultery can often be established through circumstantial evidence, provided the circumstances lead logically to that conclusion.

Jinesh CR Vs Aswathy PR on 19 Nov 2025

Index of Maintenance Judgments under Sec 144 BNSS is here.

Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025

Posted on September 28, 2025 by ShadesOfKnife

A single judge of High Court of Chhattisgarh held that once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband.

From Paras 19-21,

19.Sub- Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she is not entitled for
maintenance from her husband. Suppose, a decree for divorce is granted on the ground of her living in adultery, can it be said that the said disqualification of which she was suffering from all along, during the subsistence of the marriage, will cease to exist, because of the decree for divorce?. The prudent answer to this question shall be an emphatic – “No”. The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived. Therefore, I conclude that a divorced wife, who lives in adultery, viz., living in illicit relationship with man other than her former husband is disqualified from claiming maintenance, under Section 125 of the Code.
20.If once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the present case. The decree is a decree passed on proof of the claim made by means of sufficient evidence which has not been challenged by the aggrieved party.
21.Considering the aforesaid legal proposition of law and considering the facts of the case, this Court is of the opinion that the decree for divorce
granted by the family Court in favour of the applicant-husband is sufficient proof that the applicant-wife was living in adultery. When once such a decree is in force, it is not possible for this Court to take a different view contrary to the decree granted by the Civil court. Therefore, this Court is of the considered view that the decree granted by the Family Court clearly goes to prove that the applicant-wife is living in adultery and thus, applicant-wife suffers from the disqualification to claim maintenance from the petitioner.

Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025

Index of Divorce judgments is here. Index of Maintenance judgments is here.

Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025

Posted on April 18, 2025 by ShadesOfKnife

A single bench judge of Calcutta High Court denied maintenance to deserter wife.

From Para 24,

24. During the cross-examination of the respondent wife in the Domestic Violence case, the respondent wife has stated that “On 31st January, 2015, I left matrimonial home and came to my parental home”. In the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the respondent wife made out a case that on 3rd February, 2015, her husband and her in-laws have brutally tortured upon her. The Learned Magistrate as well as the Learned Appellate Court finds that as per the case of the wife, she left her matrimonial house on 31st January, 2015 and she never came back to her matrimonial home, how the petitioner and his parents cause torture upon the respondent wife.

From Para 29,

29. This Court finds that the respondent wife in the Domestic Violence case made out the case of torture by the petitioner on 3rd February, 2015 and in the application filed under Section 125 of the Cr.P.C. made out a case by making a bald allegation of torture other than the case made out in an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005. In the case of domestic violence, the respondent wife in support of her case had examined her mother as witness. The mother of the respondent wife in her statement has stated that “she came to depose as per direction of her daughter and her daughter asked her what to tell and her affidavit was prepared by her lawyer and she only put her signature”. She also stated that they provided with several things to her daughter on her reception but not on demand and after marriage there was no demand for dowry. The respondent wife cleverly not brings her mother as witness in the case filed under Section 125 of Cr.P.C.

From Para 30,

30. Husband is legally and morally bound to provide maintenance to his wife. The right of the wife to be maintained by the husband stems from the corresponding obligation to perform marital duty. Section 125 (1)(a) of Cr.PC (Section 144 (1) (a) of BNSS) provides maintenance to the wife who is unable to maintain herself. However, the right of the wife to claim maintenance from her husband, who has sufficient means, is not absolute. It is subject to sub-section (4) of Section 125 (Section 144 (4) of BNSS). A wife who chooses to live separately without sufficient reason is disentitled to maintenance under Section 125(4) of Cr.PC (Section 144 (4) of BNSS). It is crucial to assess whether the wife’s decision to live separately is based on valid grounds. If valid grounds, such as cruelty or desertion, exist, she may still claim maintenance despite living apart. In cases where the wife refuses to live with the husband without any just cause and there is no evidence of ill-treatment by the husband, the wife is not entitled to maintenance.

From Para 36,

36. The affidavit of assets and liabilities filed by the parties, this Court finds that both the parties have not disclosed their affidavit of assets and liabilities correctly and thus one party cannot take the benefit of the wrong committed by the other party when the both the party have committed wrong.

From Para 37, (When there is no neglect, it is wrong to sustain maintenance to minor child)

37. This Court has already held that the respondent wife is living separately since 31st January, 2015 without any sufficient reasons and there is no evidence to show that she was ill-treated by the petitioner, thus the order passed by the Learned Additional Principal Judge, Family Court, Calcutta in Misc Case No. 29 of 2016 dated 6th September, 2024 is set aside with respect to grant of maintenance of Rs. 7,000/- per month for the respondent wife. As regard the maintenance of the minor, this Court has not interfered with.

Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025

Index of Maintenance Judgements is here.

Analysis by Adv Talari Rajeswari

Paul George Vs Emarin Paul on 12 Mar 2025

Posted on March 29, 2025 by ShadesOfKnife

A single judge of Kerala High Court held that a deserter wife not entitled to claim maintenance.

From Para 6,

6. As stated already, M.C.No.354 of 2017 has been tried along with G.O.(P) Nos.1621 of 2016 & 1334 of 2017. As per the common order, the guardianship of the child was given to the petitioner. A reading of the common order would show that the petitioner specifically contended that the respondent left the matrimonial home without any reason on 16.11.2015, abandoning their 2½-year-old child there and never returned thereafter. The respondent has admitted that she left the matrimonial home on that day. But her contention is that she was forced to leave the matrimonial home and started to live separately due to the ill-treatment of the petitioner. The parties let in evidence regarding these rival contentions. The Family Court, after considering the evidence on record, concluded that the respondent left the matrimonial home leaving the child there without any reason. In paragraph 27 of the common order, there is a finding that even though the respondent has raised a contention that she left the petitioner due to ill-treatment, there is no evidence of any ill-treatment and there was not even a complaint by the respondent against the petitioner before any police. In paragraph 31 of the common order, there is a specific finding that the respondent left the matrimonial home with the definite intention to teach a lesson to the petitioner, and absolutely, there is no evidence to show that she was ill-treated by the petitioner as alleged by the respondent. Thus, there is clear evidence on record to show that the respondent has been living separately since 16.11.2015 without any sufficient reason. That apart, O.P.No.1618 of 2016, filed by the petitioner seeking divorce on the grounds of desertion and cruelty, was allowed on those grounds.

From Para 7,

7. The primary object of marriage, while varying across cultures and beliefs, often encompasses forming a legal and social unit providing companionship and emotional support apart from procreation and raising of children. Marriage brings with it specific rights and liabilities for both husband and wife. Marriage involves a commitment to live together and fulfil the responsibilities inherent in the marital relationship. The primary
duty of parties in marriage is to live together and fulfil their marital obligations. The right to each other’s society, comfort and affection, often referred to as ‘consortium’ is a fundamental aspect of marriage. Withdrawal from society of the other would mean withdrawal from marital obligation by either spouse.

From Para 8,

8. A husband is legally and morally bound to provide maintenance to his wife. The right of the wife to be maintained by the husband stems from the corresponding obligation to perform marital duty. Section 125 (1) (a) of Cr.PC (Section 144 (1) (a) of BNSS) provides maintenance to the wife who is unable to maintain herself. However, the right of the wife to claim maintenance from her husband, who has sufficient means, is not absolute. It is subject to sub-section (4) of Section 125 (Section 144 (4) of BNSS). A wife who chooses to live separately without sufficient reason is disentitled to maintenance under Section 125(4) of Cr.PC (Section 144 (4) of BNSS). It is crucial to assess whether the wife’s decision to live separately is based on valid grounds. If valid grounds, such as cruelty or desertion, exist, she may still claim maintenance despite living apart. In cases where the wife refuses to live with the husband without any just cause and there is no evidence of ill-treatment by the husband, the wife is not entitled to maintenance.

Paul George Vs Emarin Paul on 12 Mar 2025

Citations:

Other Sources:

Index of Maintenance Judgments us here.

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

Posted on October 31, 2024 by ShadesOfKnife

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.

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Posted on October 10, 2024 by ShadesOfKnife

A single judge of Telangana High Court held that a deserter wife is not eligible for maintenance.

From Para 5-7,

5. Learned counsel for respondent No.1 submitted that the petitioner voluntarily left the society of her husband and the trial Court after appreciating the evidence available on record in proper perspective rightly passed the impugned order. Hence, the interference of this Court is unwarranted and he seeks to dismiss the Revision.
6. On behalf of the petitioner, the trial Court examined PWs.1 to 3 and marked Exs.P1 and P2. On behalf of respondent No.1, RWs.1 and 2 were examined and Exs.R1 and R2 were marked. Upon careful scrutiny of the oral and documentary evidence, the trial Court observed that the petitioner voluntarily left the society of her husband and respondent No.1, never neglected or refused to maintain her. Except making averments in the petition, there is no proof filed by the petitioner, to show that her parents gave cash and other articles as dowry to respondent No.1. The evidence of PWs.1 and 2 discloses that the petitioner put conditions on respondent No.1 stating that she would join his society only if he would put up a basket shop by investing an amount of Rs.2,00,000/-, to give her seven (7) tulas of gold articles and to put up a separate family with her abandoning his parents. The trial Court further observed that respondent No.1 filed an application seeking restitution of conjugal rights against the petitioner and his consistent efforts to cohabit with her have gone in vain. Therefore, the learned Judge of the trial Court opined that the petitioner failed to aver and prove that respondent No.1 neglected or refused to maintain her and that she is unable to maintain herself and thus, rendered the impugned judgment.
7. This Court vide order dated 02.07.2019, stated that no order directing respondent No.1, to pay interim maintenance can be granted, as the trial Court found that the petitioner herself left the company of her husband. Later, the matter underwent several adjournments.

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Index is here.

Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018

Posted on October 10, 2024 by ShadesOfKnife

A single judge of composite APHC held that deserted wife will not get any maintenance.

From Para 5,

5) POINT: As per Section 125 Cr.P.C, any person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, or his legitimate or illegitimate children whether married or not, or his father or mother, unable to maintain themselves is liable to provide maintenance to them. So far as wife is concerned, she will be entitled to maintenance only when her case does not fall under Section 125(4) Cr.P.C, which reads thus:
“(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”
The Apex Court in the case of Laxmi Bai Patel v. Shyam Kumar Patel1, has clarified this aspect stating that wife’s right to claim maintenance under Section 125 Cr.P.C can be denied only in the circumstances provided under sub-Section (4) of Section 125 Cr.P.C. The Trial Court refused to award maintenance to the 1st petitioner on the ground that the 1st petitioner has voluntarily come out of the matrimonial home but not due to the negligence or refusal of the respondent. Of course the Trial Court awarded maintenance @ Rs.1500/- per month to each of the two children of the 1st petitioner. Hence the instant Criminal Revision Case is filed seeking maintenance to 1st petitioner on one hand and enhancement of the maintenance awarded to the petitioners 2 and 3.

From Para 8,

8) So the facts and evidence would clearly depict that 1st petitioner’s residing away from her husband is not supported by any plausible ground. Her attitude gives an inference that without lawful excuse she remained with her parents. In this factual situation, the 1st petitioner is not entitled to maintenance as laid under Section 125(4) Cr.P.C. The Trial Court has rightly refused to grant maintenance to her. The wife who lives separately from the society of her husband without any lawful excuse does not deserve maintenance. It was so held in the case of Anil v. Smt. Sunita4. The decisions in K.Anjaiah Goud’s case (2 supra) and Naredla Sirisha’s case (3 supra) relied upon by the learned counsel for petitioners will not help the cause of 1st petitioner.

Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018

The Index is here.

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Posted on May 11, 2024 by ShadesOfKnife

A single judge of Madras High Court at Madurai Bench, held as follows,

From Paras 22 and 23,

22. In view of Section 41 of the Indian Evidence Act, 1872, if once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the present case. This Court cannot sit in an appeal over the said decree for divorce granted by the Civil court, when the same has not been challenged by the aggrieved party. There can be no difference between a decree on contest and an ex-parte decree, since, like a decree on contest, an ex-parte decree is also a decree passed on proof of the claim made by means of sufficient evidence. It is well known that though simply because the defendant has remained ex-parte, the Court shall not grant decree, unless the claim made in the plaint is proved, by means of evidence either oral or documentary or both. In the case on hand, therefore, there can be no doubt that the decree for divorce granted by the Civil court in favour of the petitioner is sufficient proof that the respondent was living in adultery. When once such a decree is in force, it is not possible for this Court to take a different view contrary to the decree granted by the Civil court. Therefore, I hold that besides, oral evidence let in, in this case, the decree granted by the Family Court clearly goes to prove that the respondent is living in adultery and thus, she suffers from the disqualification to claim maintenance from the petitioner.
23. In view of the foregoing discussion, I hold that the learned Principal Sessions Judge was not right in reversing the order of the Trial Court and therefore, the order of the learned Principal Sessions Judge impugned in this Criminal Revision Case is liable to be set aside.

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Index of Maintenance judgements u/s 125 CrPC is here.

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016

Posted on April 13, 2021 by ShadesOfKnife

Taking input from Kerala HC judgment here, Gujarat High Court held that, any agreement which has terms against to Public Policy, is void and not enforceable in law. Such agreements which prohibit right of maintenance are also void.

From Para 9,

9 In any case, all such issues are now well settled by few decisions of different Courts
[1] Rajesh R Nair v. Meera Babu reported in 2013 Cri. L.J. 3153, wherein Division Bench of Kerala High Court has held that waiver of right to maintenance by an agreement is not permissible because such agreement would be void agreement as against public policy. It would amount to ousting of jurisdiction of Magistrate and Family Court to entertain maintenance claim which cannot be permitted by law. Therefore, such agreement being void would be unenforceable and hence claim for maintenance cannot be rejected on the basis of such agreement of waiver of right to maintenance.
[2] In Rishikesh Singh alias T.R. Singh v. Kiran Gautam reported in 2015 Cri.L.J. 126, Chhattisgarh High Court has confirmed that decree of divorce obtained by mutual consent would be no ground to deny maintenance until wife has not remarried after divorce. It is further held that even if wife is junior advocate, it cannot be held that she is able to maintain herself and, therefore, she would be entitled for the maintenance.
[3] Smt. Vanamala v. H.M. Ranganatha Bhatta reported in [1995] 5 SCC 299, wherein the Hon’ble Supreme Court has also taken the same view that wife, who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125[4] and thereby restored the order of the Sessions Court, which has concluded that wife was entitled to maintenance notwithstanding divorce by mutual consent and remanded the matter to the trial Court for determining quantum of maintenance. Thereby, the Hon’ble Supreme Court has set aside the order of the High Court which held that wife is not entitled to maintenance once she has divorced her marriage by mutual consent. It would be appropriate to recollect here that for coming to such conclusion, the Hon’ble Supreme Court has relied upon as many as three other decisions of different High Courts, which are quoted in such reported case and approved by the Hon’ble Supreme Court. Therefore, as on date, there are at least as many as five judgments including judgment of the Hon’ble Supreme Court, which confirm that a wife who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125 [4] of the Cr. P.C.

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016

Citations : [2016 SCC ONLINE GUJ 9136], [2017 AIC 172 524]

Other Sources:

https://mynation.net/docs/1095-2011/

https://www.casemine.com/judgement/in/5ac5e33e4a93261a1a744803

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC Sec 125(4) or BNSS Sec 144(4) – No Maintenance or Interim To Adulterer or Deserter Wife

Mohammad Rizwan Khan Vs State of UP and Anr on 08 Sep 2025

Jinesh CR Vs Aswathy PR on 19 Nov 2025

Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025

Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025

Paul George Vs Emarin Paul on 12 Mar 2025

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016