Maintenance to Wife -- Application Alleging Adultery -- Must Be Decided Before Final Adjudication
(i) Criminal Procedure Code, 1973, S.125(4) -- Maintenance to Wife -- Application Alleging Adultery -- An application under Section 125(4) alleging that the wife is living in adultery cannot be deferred to the stage of final adjudication of the maintenance application. Such an application forms a distinct stage of the proceedings, and its decision determines whether the matter proceeds to final adjudication under Section 125(1). (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Pendency of Application Alleging Adultery -- Mere pendency of an application under Section 125(4) does not by itself bar payment of interim maintenance. Interim maintenance can be denied at the threshold only where clear and cogent evidence ex facie establishes adultery; otherwise, interim maintenance continues while the allegation is examined.
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