My Wife has filed a case for maintenance under section 125 CRPC on the ground that her marriage was solemnized with me and one son and one daughter was born out of the wedlock. But she has left me uninformed long ago and living separately without my consent in adultery with someone. Even the daughter born to my wife is not the result of her cohabitation with me.
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Your wife has deserted and neglected you. As your wife is living in adultery and allegedly the daughter has not been born out of the cohabitation between you and your wife. Consequently, it can be construed that your wife is not entitled to maintenance. But you have to prove your allegation of birth of your daughter by producing DNA profile of you as well as your daughter. As per section 125 (4) CRPC, no wife shall be entitled to receive [allowance for maintenance or interim maintenance and expenses of proceedings, as the case may be] from her husband under this section if she is living in adultery, or if without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. From the circumstances as emerging in the instant case, it emanates that your wife is living in adultery and your daughter cannot be termed as legitimate child of you and to fasten you with the liability to maintain the baby child does not arise. Thus, your wife is not entitled to maintenance under section 125 (4) of the CRPC.