Adultery in Isolation Not a Ground to Deny Maintenance: Delhi High Court

In an appeal challenging the order of trial court granting compensation to the wife under Sec. 125 CrPC, which provides for maintenance to wives, children and parents, the Delhi High Court (‘HC’) upheld the order of the trial court. The challenge was made on several grounds including adultery on which the HC held that under Sec. 125(4), according to which wife is not entitled to maintenance if she is living in adultery, “the husband has to establish with definite evidence that the wife has been living in adultery and one or occasional acts of adultery committed in isolation would not amount to ‘living in adultery”.