Section 125 CrPC - Adultery as ground for maintenance
family mh_cet_law advanced poll_styleSection 125 CrPC empowers a court to order maintenance to a wife abandoned by her husband or living separately without her consent. But what if the husband is guilty of adultery? Does adultery automatically disentitle a wife to maintenance? Consider these two scenarios:
If a wife files for maintenance under Section 125 CrPC, is she entitled to it even if she has been cohabiting with another man?
Option A: No, if adultery is proven, she isineligible for maintenance as it's a 'wrongdoing' on her part.
Option B: Adultery is irrelevant to Section 125 CrPC, and the wife's eligibility depends solely on whether she meets the other criteria under the section.
Which option is correct and why?
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