A Delhi family court has recently ruled that a divorced woman who is proven to be living in adultery is not entitled to maintenance from her former husband under Section 125(4) of the Criminal Procedure Code (CrPC). The court based its decision on DNA evidence and a previous divorce judgment when dismissing the woman's request for financial support.

Section 125(4) of the CrPC specifies that a wife forfeits her right to claim financial support from her husband if she is found to be living in adultery. The Delhi court's recent decision emphasizes this legal provision, reinforcing the principle that continuous adultery disqualifies a wife from receiving maintenance. The court noted that evidence, including DNA testing and the divorce court's prior findings, were crucial in rejecting the woman's maintenance claim.

The judge stated that testimonies and the previous court judgment established that the woman was living in adultery. The court also found that she was cohabitating with another individual and had independent financial resources.

It's important to note that in 2022, the Delhi High Court ruled that occasional acts of adultery do not disqualify a wife from receiving maintenance. Justice Chandra Dhari Singh clarified that the maintenance bar only applies when there is "definite evidence" of continuous and repeated adultery. The High Court emphasized that isolated incidents of adultery are insufficient to deny maintenance under Section 125 CrPC; instead, the law requires the wife to be "living in adultery". The court also pointed out that cruelty and harassment are not valid grounds for denying maintenance, and even in cases where divorce is granted due to cruelty, courts have awarded permanent alimony.