Unproved allegations of adultery cannot disqualify a wife from maintenance under Section 125(4).

The Family Court allowed the respondent-wife’s petition under Section 125 of the Code of Criminal Procedure (CrPC) and directed the petitioner-husband to pay maintenance of ₹3,000 per month from the date of filing

The husband challenged the order, contending that the wife was living in adultery and was therefore disqualified from receiving maintenance under Section 125(4) CrPC

The High Court noted that the husband and his mother had not personally witnessed the alleged conduct, the daughter said to have witnessed it was not called as a witness, and no neighbour or other independent witness was produced

Whether the wife was disqualified from receiving maintenance under Section 125(4) CrPC on the ground that she was living in adultery

Whether the Family Court’s award of ₹3,000 per month required interference in revision

Section 125(4) CrPC provides that a wife is not entitled to receive maintenance from her husband if she is living in adultery, refuses without sufficient reason to live with him, or the parties are living separately by mutual consent

The husband asserting adultery bears the burden of establishing that ground with evidence; an unsupported allegation is insufficient

The High Court found no evidence establishing that the wife was living in adultery.

The husband and his mother had not seen her in a compromising position; the daughter alleged to have done so was not examined, and no independent witness was called to corroborate the allegation.

The husband’s sole ground for challenging the maintenance order therefore failed.

The wife’s separate residence was undisputed, and her evidence, supported by her brother’s statement, was that the husband had ill-treated her.

The Court found no infirmity in the Family Court’s order.

The revision petition was dismissed, as were any pending miscellaneous applications; the Court clarified that its findings were confined to the issues decided in these proceedings.