Wife’s Disentitlement from Maintenance under Section 125 CrPC: Supreme Court & High Court Insights
Maintenance under Section 125 of the Criminal Procedure Code (CrPC) serves as a crucial legal safeguard for wives, children, and parents unable to maintain themselves. However, this entitlement is not absolute , and Indian law specifies three grounds under which a wife may be disentitled from maintenance while the marriage subsists . Understanding these grounds is essential for anyone navigating family law in India , and for consulting an expert divorce lawyer Kolkata , family lawyer Kolkata , or best divorce advocate Kolkata like Advocate Prithwish Ganguli . Grounds for Disentitlement under Section 125(4) CrPC Section 125(4) CrPC outlines three specific circumstances where a wife cannot claim maintenance while the marriage is subsisting : Adultery: If a wife is living in adultery, she is disentitled from maintenance. Case Reference: Mehrunnisa v. Noor Mohammad (Allahabad High Court, 1970) — Jul 21, 1970. Principle: The court explicitly framed adultery as a disqualifying condi...