AI Overview...

• Wife Not Entitled for Maintenance Due to Adultery - Continuous Affair Required
  The law specifies that for a wife to be dis-entitled from maintenance under Section 125 Cr.P.C., her adultery must be a continuous affair; a single or two instances do not suffice to deny her maintenance. The statute emphasizes ongoing misconduct rather than isolated incidents. RAJENDRA BAHADUR SINGH VS HEMWANTI - Allahabad

• Second Marriage of Husband Not Automatically Grounds for Denial of Maintenance
  The mere fact that a husband marries again does not automatically entitle him to refuse maintenance to his wife. The court considers the husband's means and circumstances, and living with the husband is not per se a ground for maintenance denial. Ishar VS Mst. Soma Devi - Punjab and Haryana

• Maintenance to Wife and Child is Upholdable; Court Can Modify Orders
  Courts have upheld maintenance orders issued to wives and children, emphasizing the importance of adequate support. They also possess revisional powers to modify maintenance based on circumstances, and the entitlement is not negated by divorce or related issues. MAJEED vs SAKEENA - Kerala

• Relationship and Legal Wives; Wife Does Not Include Live-in Partners
  The definition of wife under Section 125 Cr.P.C. does not extend to live-in partners or women outside legal marriage. Maintenance is limited to legally wedded wives, though children born within or outside marriage are entitled to support. Illegitimate children are also entitled to maintenance. Vineeta Devi VS Bablu Thakur - Jharkhand

• Wife's Ability to Self-Maintain Not a Condition for Entitlement
  The court clarified that a wife's capacity to support herself is not a prerequisite for claiming maintenance under Section 125. The focus is on her inability to maintain herself, regardless of her financial independence. Dulan Chandra Bora VS Bonalata Bora - Gauhati

• Divorce Does Not Disentitle Minor Children from Maintenance
  A consent decree of divorce does not prevent minor children from claiming maintenance from their father. Children have independent rights to support under Section 125 Cr.P.C., and their entitlement is unaffected by divorce proceedings. Anil Kumar Joshi VS Lalit Vivek - Rajasthan

• Second Marriage of Husband as a Ground for Maintenance Claim
  The fact that the husband has remarried can be a factor in maintenance claims, especially if it affects the wife's financial support or circumstances. Courts have recognized that second marriages of husbands can be grounds for maintenance, depending on the case. Chand Begum VS Hyderbaig - Andhra Pradesh

• Wife Not Entitled to Maintenance if Not a Divorced Wife or if Marriage is Annulled
  If the wife's marriage is annulled under Section 12 of the Hindu Marriage Act, she may still be entitled to maintenance under Section 125 Cr.P.C., but specific conditions apply. The court may deny maintenance if the wife is not a legally recognized wife or if the marriage was invalid. KRISHAN GOPAL VS USHA RANI - Delhi, MAJEED vs SAKEENA - Kerala

• Divorce Does Not Preclude Maintenance Claims; Support for Divorced Wives
  Divorce does not bar a wife from claiming maintenance if she is unable to support herself and has not remarried. Maintenance can be granted to divorced wives based on their financial condition and circumstances, and waiver of such support is contrary to public policy. Mr.Sanjay Damodar Kale vs Ms.Kalyani Sanjay Kale - Bombay

Analysis and Conclusion:
The entitlement of a wife to maintenance under Section 125 Cr.P.C. depends on her inability to support herself and her status as a legally wedded wife. Adultery or remarriage alone do not automatically dis-entitle her, especially if misconduct is not continuous or proven. The law emphasizes the ongoing support obligation, and courts can modify maintenance orders based on circumstances. Live-in relationships outside legal marriage generally do not qualify for maintenance under this section. Divorce or annulment does not inherently remove the wife's right to maintenance, provided she remains unable to support herself and meets other legal criteria.