Section 125 of the Criminal Procedure Code provides for maintenance irrespective of any religion. The section provides various guidelines as to who are eligible to claim maintenance. According to the section, if a wife is unable to maintain herself or his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, orhis legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or his father or mother, unable to maintain himself or herself. I would like to known is a wife involved in adultry can claim maintenance?
The right to maintenance under section 125 of the Criminal Procedure Code provides that a wife can claim maintenance from her husband after divorce or are living separately only if she cannot maintain herself. However, if the wife is involved in adultery and it is proved, then the wife cannot claim maintenance. This is an exception to the general law of maintenance.