In Bulbul Khatoon & Anr. vs. The State Of Bihar & Anr. (2025), Justice Jitendra Kumar of Patna High Court delivered a 37-page long judgement dated July 7, 2025, wherein, he directed the Registrar General of the High Court "to circulate a copy of this judgment/order amongst all the Family Courts of Bihar, besides sending a copy of it to Bihar Judicial Academy for discussion in the training programmes for the Presiding Officers of the Family Courts."
Relying on judicial precedents in Hitesh Deka vs. Jinu Deka 2025 SCC OnLine Gau 259; Sukhdev Pakharwal vs. Rekha Okhale 2018 SCC OnLine MP 1687; Ashok vs. Anita 2011 SCC OnLine MP 2249; Sandha bs. Narayanan 1999 SCC OnLine Ker 64; Pandurang Barku Nathe vs. Leela Pandurang Nathe & Anr. 1997 SCC OnLine Bom 264, Justice Kumar observed:"Adultery is an offence against one’s spouse. If a married person establishes sexual relationship with someone other than his/her spouse, he/she commits adultery. Under Section 125 Cr.PC wife/petitioner is disqualified for getting maintenance from her husband if she is living in adultery. Moreover, 'living in adultery' is distinct from 'committing adultery'. 'Living in adultery' denotes a continuous course of conduct and not isolated acts of immorality. One or two lapses from virtues would be acts of adultery but would be quite insufficient to show that the woman was 'living in adultery'. A mere lapse, whether it is one or two, and a return back to a normal life can not be said to be living in adultery. If the lapse is continued and followed up by a further adulterous life, the woman can be said to be 'living in adultery'."
The judgement was pronounced upon hearing the Criminal Revision Petition which was preferred by the petitioners, praying for setting aside the impugned judgment/order dated April 4, 2020 and direct Md. Shamshad, the Opposite Party No. 2 to pay Rs. 20,000/- per month to the petitioners towards maintenance. The impugned order was passed by Principal Judge, Family Court, Purnia in a Maintenance case of 2017, whereby O.P. No. 2/Md.Shamshad was directed to pay maintenance to the petitioner No. 2/Danish Raza @ Rahul at the rate of Rs. 4,000/-per month from the date of order i.e. April 4, 2020. Bulbul Khatoon, the petitioner No. 1 was denied any maintenance holding that she is not entitled to get any maintenance from O.P. No. 2.
The petitioners had filed Maintenance case on October 30, 2017 before the Family Court, Purniau under Section 125 Cr.PC against O.P. No. 2 herein/Md.Shamshad, the husband of the petitioner No. 1/Bulbul Khatoon and father of petitioner No. 2/Danish Raza @ Rahul, stating that the marriage between Bulbul Khatoon and Md.Shamshad was solemnized on February 18, 2013 as per Muslim Rites and Customs and after the marriage, Bulbul Khatoon joined the matrimonial home of her husband/Md. Shamshad and subsequently, Danish Raza @ Rahul was born out of the wedlock in March, 2014. It was further stated that during the pregnancy, Bulbul Khatoon came back to her parental home on account of ill behavior of relatives of her husband and after the birth of the child, her husband and his family members started demanding Rs. 5 lac towards additional dowry and they threatened that in case, she failed to pay the additional dowry, Md. Shamshad would solemnize second marriage with other girl. On account of failure of Bulbul Khatoon to pay the additional dowry, she was ousted from the matrimonial home on July 17, 2017 along with newly born child and even her ornaments were snatched from her.
It was also stated that after ousting his wife Bulbul Khatoon, Md.Shamshad solemnized second marriage with one Kajal Khatoon, daughter of Md. Naseem. It is also stated that Bulbul Khatoon was unable to maintain herself and her minor son, whereas Md.Shamshad had sufficient means to maintain his wife and child having ten acres of agricultural land, tractor and corn factory machine and having Rs.5 lac annual income. Bulbul Khatoon and her son Danish Raza @ Rahul had claimed for monthly maintenance @ Rs.20,000/.
Justice Kumar observed:"However, I find that learned Family Court by the impugned judgment/order has denied maintenance to Bulbul Khatoon on account of his finding that she has been living in adultery with Md. Tarikat, whereas there is no such cogent evidence on record. As such, the findings of learned Family Court is based on no evidence or perverse appreciation of evidence. Accordingly, the impugned order is not sustainable in the eye of law and hence, it is set aside to this extent and it is held that the petitioner No. 1/Bulbul Khatoon is also entitled to get maintenance from her husband/Respondent No. 2 herein. "
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