Maintenance to Wife -- Adultery by Wife-- Bar under Section 125(4) CrPC applies only where husband establishes Ex Facie Proof of Adultery at first instance
Criminal Procedure Code, 1973, S.125(4) -- Interim Maintenance to Wife -- Ex Facie Proof of Adultery -- Bar to interim maintenance under Section 125(4) operates only where the husband establishes the charge of adultery through evidence ex facie at the first instance. An application under Section 125(4) cannot be dismissed at the threshold on the ground that such an issue can be decided only at final adjudication. The trial court must examine the application on its merits before ruling on interim maintenance.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech