New Delhi | September 6, 2025 : A family court in Delhi has ruled that a wife living in adultery is not entitled to receive maintenance from her husband. The judgment came while hearing a plea filed by a woman seeking financial assistance from her estranged husband.

Court Rejects Plea

Family court judge Namrita Aggarwal rejected the woman’s petition, noting that the law does not support maintenance in cases where the wife has been found guilty of adultery. The court emphasized that under Section 125(4) of the Code of Criminal Procedure (CrPC), a wife who is living in adultery is not entitled to any maintenance.

The woman had argued that her former husband was “legally and morally bound” to provide her financial support but was deliberately ignoring his responsibility.

Divorce Granted Earlier

The judge observed that the couple had already been granted divorce by a predecessor court in May 2025. The divorce was granted specifically on the grounds of adultery, as evidence showed that the wife had not remained faithful and loyal to her husband during their marriage.

A crucial piece of evidence was a DNA test report, which revealed that while the woman was the biological mother of one of the children, her husband was not the biological father. The court noted that the woman had not challenged this report, which indicated her acceptance of the findings.

“The DNA report and the earlier divorce judgment clearly prove that the wife was living in adultery,” the court said in its order dated August 20.

Past Criminal Case

The court also highlighted that the woman had been charged and tried for the murder of her mother-in-law. She remained in jail for around four years before being acquitted. However, her acquittal was later challenged in the Delhi High Court, keeping the matter unresolved.

No Financial Need Established

Apart from the adultery issue, the court pointed out that the woman was already living with another individual and also owned several properties. She was earning from these properties and therefore had enough financial resources to support herself.

Meanwhile, her estranged husband was already taking responsibility for the children and covering their expenses. Because of this, the court found that there was no justification for granting her additional financial support.

Legal Basis

Referring to Section 125(4) CrPC, the judge reiterated: “A wife, if living in adultery, is not entitled to any maintenance from her husband.” The law is clear that maintenance is meant to support a wife who has been abandoned or neglected, not one who has been unfaithful.

In conclusion, the court ruled that the petitioner was not entitled to any financial assistance from her husband. The order serves as a reminder of the legal position that adultery bars a wife from claiming maintenance, especially when she has independent sources of income and the husband is already taking care of the children.