'Committing Adultery' Distinct From Living In Adultery, Maintenance Can't Be Denied For 'Mere Lapse' Unless Continued: Patna High Court

The Patna High Court has drawn a distinction between a wife 'committing adultery' from her 'living in adultery', for deciding her entitlement to maintenance."“Living in adultery” denotes a continuous course of conduct and not isolated acts of immorality. One or two lapses from virtues would be acts of adultery but would be quite insufficient to show that the woman was “living in adultery”. A mere lapse, whether it is one or two, and a return back to a normal life can not be said to be living in adultery. If the lapse is continued and followed up by a further adulterous life, the woman can be said to be “living in adultery”," Justice Jitendra Kumar observed.The single judge then proceeded to grant maintenance to Petitioner-wife in this case, denied the relief by the family court on grounds of adultery.The High Court found there was no cogent evidence to support the husband's contention that his wife had eloped with another man to lead an adulterous life. Rather, there was evidence to show that she was living at her parental home with their son.It also rejected the husband's contention that the wife was divorced by pronouncing Triple Talaq, pointing that Muslim Women (Protection Of Rights On Marriage) Act, 2019 declares Triple Talaq void and illegal. In any case, the Court referred to Mohd. Ahmed Khan v. Shah Bano Begum & Ors. (1985) where a Constitution Bench of the Supreme Court held that Section 125 CrPC is secular in nature and a Muslim husband's obligation to provide maintenance to a divorced wife who is unable to maintain herself is unaffected by personal law.The Court therefore set aside the Family Court's order to the extent that it denied maintenance to the wife, holding that she is entitled to maintenance in accordance with law.Case title: Babul Khatoon & Ors. v. State of Bihar & Ors. Counsel for the Petitioners: Md. Fazle Karim, Advocate For the State: Mr. Anuj Kumar Shrivastava, APP For the Informant: Mr. N.K. Agrawal, Senior Advocate; Dr. Bidhu Ranjan, Advocate; Mr. Saroj Kumar Choudhary, AdvocateClick Here To Read/Download OrderCitation: 2025 LiveLaw (Pat) 59

'Committing Adultery' Distinct From Living In Adultery, Maintenance Can't Be Denied For 'Mere Lapse' Unless Continued: Patna High Court

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