Resham Lal Dewangan Vs Smt. Suman Dewangan , HC of Chhattisgarh Bilaspur as on 09/05/2025
This case analysis examines the landmark judgment delivered by the Chhattisgarh High Court in Resham Lal Dewangan v. Suman Dewangan, which established that a divorced wife living in adultery is disqualified from claiming maintenance under Section 125 of the Criminal Procedure Code (CrPC). The Court held that the disqualification on grounds of adultery during marriage does not cease to exist upon divorce, and a divorce decree obtained on grounds of adultery cannot license the continuation of an illicit relationship while reviving maintenance rights. This judgment has significant implications for family law proceedings and the interpretation of Section 125(4) of the CrPC in relation to divorced women.
Court relied on : Hon’ble Supreme Court in the case of Shanthakumari v. Thimmegowda reported in 2023 SCC OnLine Kar 66 and also in the case of Sanjivani Ramchandra Kondalkar Vs. Ramchandra Bhimrao Kondalkar & Anr., in Criminal Writ Petition No. 2547 of 2016.
