Supreme Court: Plea that wife is living in adultery must be decided before final maintenance order | - The Times of India
The Supreme Court has held that where a husband invokes Section 125(4) of the Code of Criminal Procedure alleging that his wife is living in adultery, the court cannot postpone consideration of that plea until the final disposal of the maintenance proceedings. While reiterating that interim maintenance ordinarily continues during the pendency of such proceedings, the Court clarified that an application under Section 125(4) must be decided on its own merits and may, in appropriate cases supported by clear evidence, disentitle the wife from receiving maintenance.