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Sec 125 (4) by husband to avoid maintenance to wife


16-Jan-2026 (In Divorce Law)
Sec125(4) filed by husband to avoid maintenance.wife is not living in adultery,not having any other committed relationship.she lives alone with her 2 kids.He is paying maintenance since one year now time came for warrant so he is filing false cases.I want to know implications of sec125(4)till what extent he has to prove adultery.talking to someone (friend)late for1-2 hours for 3 months are enough.Friend is staying in other state.Met twice for lunch 2-3 hours in Mall is sufficient to avoid paying
Answers (5)

Answer #1
513 votes
it's not compulsory to show adultery only basis of talking, meeting with male friends. 125(4) is explain on only sexual intercourse with male friend , seperate living with concent and refusal to live together. All these provisions has prove that wife have no right to take 125 crpc maintainance of living benefits from her husband.
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Advocate Sangeeta Rai

Adv. Sangeeta Rai

LawRato Varanasi / Banaras | 25+ Answers
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Answer #2
729 votes
Phone calls, chatting, and 2–3 public meetings are legally insufficient to cancel maintenance under Section 125(4). The husband’s plea is weak and likely to be dismissed if no proof of continuous sexual relationship is produced.
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Advocate Servesh Mishra

Adv. Servesh Mishra

LawRatoLucknow | 25+ Answers
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Answer #3
743 votes
no meeting with friend 2-3 hours and spending some time with him is not enough to prove adultery adultery is a very heinous offence need to prove with strict proof share more details so I can provide you a more information
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Advocate Amit Pandey

Adv. Amit Pandey

LawRatoLucknow | 400+ Answers
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Answer #4
579 votes
Section 125(4) CrPC is an exception clause. Husband has to prove with strong and convincing evidence that wife is “living in adultery” (continuous adulterous relationship), or that she refused to live with him without sufficient reason. Mere suspicion, talking to a friend late night, phone calls or meeting in a mall/lunch for few hours is not enough to prove “living in adultery”. Courts require clear proof of actual adulterous conduct and continuous relationship, not casual friendship or isolated meetings. If husband is filing Sec 125(4) only when warrant/execution is due, it can be treated as a false defence to avoid payment. Wife should contest it and continue execution/warrant proceedings for recovery of arrears.
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Advocate Aishwarya Panday

Adv. Aishwarya Panday

LawRatoLucknow | 100+ Answers
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Answer #5
530 votes
125 (4) crpc maintenance na dene k liye file kiya jata hai but adultery prove Krna bahutt difficult process h unka matter kharij hoga ye ek staratgy hoti h isse bachne k liye bss, linger on krne k liye ,, photo vdos kisi se milna julna adultery nhi hoti hai ,
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Advocate Sushmita Mishra

Adv. Sushmita Mishra

LawRatoLucknow | 5+ Answers
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