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‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court
The Madhya Pradesh High Court ruled that a wife's emotional affair is insufficient to prove adultery and deny maintenance.
The Madhya Pradesh High Court has ruled that a wife's love affair with someone else is not sufficient to prove adultery and deny her maintenance.
As reported by LiveLaw on Thursday, February 13, the Court stated that sexual intercourse is a necessary component for adultery to be established.
“From Section 144(5) of the BNSS/125(4) of the Cr.P.C. it is clear that only if the wife is proved to be living in adultery, then the maintenance amount can be denied. Adultery necessary means sexual intercourse. Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” held Justice G.S. Ahluwalia, as reported by LiveLaw.
What was the case?
The revisionist husband approached the High Court challenging the order of the Principal Judge, Family Court, Chhindwara (M.P.), which had granted interim maintenance of ₹4,000 to the respondent's wife.
The husband argued that he was earning only ₹8,000, and the wife was already receiving ₹4,000 as interim maintenance under Section 24 of the Hindu Marriage Act.
He further claimed that the wife was involved in a love affair and that his father had deprived him of his ancestral property, LiveLaw reported.
Here's what the Court held
The Court upheld the Trial Court's decision to award Rs. 4,000 in maintenance under Section 125 of the CrPC, noting that it had already considered the interim maintenance granted under Section 24 of the Hindu Marriage Act.
Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery.
The Court found no illegality in the order and emphasized that the husband was an able-bodied person.
Additionally, the Court noted that the husband's family had committed fraud against the wife at the time of marriage and dismissed the revision, as reported by LiveLaw.
Key Takeaways
- Legal definition of adultery requires sexual intercourse.
- Emotional affairs alone do not disqualify a spouse from receiving maintenance.
- Court emphasizes the importance of financial support in marriage, irrespective of personal relationships.
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Business NewsNewsIndia‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court
First Published:14 Feb 2025, 11:18 AM IST
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