Case Note & Summary
The applicant, Sobhaben, filed a Criminal Revision Application before the Gujarat High Court challenging the order of the Family Court, Karjan, dated 23.12.2025, which rejected her application under Section 125 of the Code of Criminal Procedure, 1973, for maintenance from her husband, respondent No.2. The marriage was solemnized on 20.05.2002, and two children were born. The wife alleged that her husband's nephew, Jaydeep, used her mobile phone to communicate with an unknown person, leading to false adultery allegations. She was subjected to cruelty and attempted suicide. On 23.05.2023, while traveling by bus, an unknown man allegedly sat beside her, but she did not know him. The Family Court rejected maintenance solely on the ground of adultery. The High Court held that the Family Court erred in relying on unproven WhatsApp chats without proper certification and that adultery must be proved by cogent evidence. The court set aside the impugned order and remanded the matter for fresh consideration, directing the Family Court to decide the maintenance application afresh without being influenced by the earlier order.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Adultery - Burden of Proof - The Family Court rejected maintenance on ground of adultery based on unproven WhatsApp chats and allegations - Held that adultery must be proved by cogent evidence and mere suspicion or unsubstantiated allegations cannot defeat a wife's right to maintenance (Paras 1-9).
Issue of Consideration
Whether the Family Court erred in rejecting the wife's maintenance application under Section 125 CrPC solely on the ground of adultery without sufficient proof
Final Decision
The High Court allowed the revision application, set aside the impugned order dated 23.12.2025, and remanded the matter to the Family Court for fresh decision on the maintenance application without being influenced by the earlier order.
Law Points
- Adultery must be proved by cogent evidence
- mere suspicion or unproven allegations insufficient to deny maintenance under Section 125 CrPC
- WhatsApp chats without proper certification inadmissible
- wife's right to maintenance not defeated by unsubstantiated character assassination
Case Details
2026 LawText (GUJ) (03) 233
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 593 of 2026
Mr. Mohammaad Hasnain S Shaikh, Mr. Shahezadhusain M Shaikh for Applicant; Mr. Rohan Shah, APP for Respondent No.1
Sobhaben W/o Santoshbhai Patil D/o Ramdus Trayambakray Patil
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Nature of Litigation
Criminal Revision Application challenging rejection of maintenance under Section 125 CrPC
Remedy Sought
Setting aside of Family Court order rejecting maintenance and grant of maintenance to wife
Filing Reason
Family Court rejected maintenance application on ground of adultery based on unproven allegations
Previous Decisions
Family Court, Karjan, rejected Criminal Miscellaneous Application No.118 of 2024 on 23.12.2025
Issues
Whether the Family Court erred in rejecting maintenance solely on ground of adultery without sufficient proof
Whether unproven WhatsApp chats can be basis for denying maintenance under Section 125 CrPC
Submissions/Arguments
Applicant argued that she is legally wedded wife, denied adultery, and alleged that nephew used her phone to send messages; she was subjected to cruelty and attempted suicide
Respondent argued that wife committed adultery based on WhatsApp chats and incident with unknown man on bus
Ratio Decidendi
Adultery must be proved by cogent evidence; mere suspicion or unsubstantiated allegations cannot defeat a wife's right to maintenance under Section 125 CrPC. WhatsApp chats without proper certification are inadmissible.
Judgment Excerpts
The application filed under Section 125 of the Code of Criminal Procedure, 1973, by the present applicant – wife came to be rejected mainly on the ground of adultery.
The applicant has consistently denied authorship of any such alleged chats.
Adultery must be proved by cogent evidence and mere suspicion or unsubstantiated allegations cannot defeat a wife's right to maintenance.
Procedural History
Wife filed Criminal Miscellaneous Application No.118 of 2024 before Family Court, Karjan, for maintenance under Section 125 CrPC. Family Court rejected it on 23.12.2025 on ground of adultery. Wife filed Criminal Revision Application No.593 of 2026 before Gujarat High Court, which allowed the revision and remanded the matter on 03.03.2026.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
