Category: Maintenance Case

Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]

Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.