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‘Committing Adultery’ Different from ‘Living in Adultery’; Maintenance Cannot Be Denied for One-Time Lapse: Patna High Court

09 Jul 2025 3 min read
‘Committing Adultery’ Different from ‘Living in Adultery’; Maintenance Cannot Be Denied for One-Time Lapse: Patna High Court

The Patna High Court, in a significant judgment under Section 125 of the Code of Criminal Procedure, clarified the legal distinction between a wife “committing adultery” and “living in adultery”, a key factor in determining her eligibility for maintenance. The ruling came in the case titled Babul Khatoon & Ors. VERSUS State of Bihar & Ors., where the Family Court had earlier denied maintenance to the petitioner-wife on grounds of…

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