The Punjab and Haryana High Court recently ruled that a wife is entitled to claim maintenance unless it is proven she was living in adultery at the relevant time. Justice Vivek Puri emphasized that evidence must show the wife was living in adultery shortly before or after the maintenance plea was filed.
In this case, the wife filed a plea under Section 125 CrPc in July 2017, seeking maintenance for herself and her three minor children from her husband. The husband opposed the plea, claiming his wife was in an adulterous relationship and had admitted it in a written document dated May 19, 2005.
After his right to present evidence was closed in July 2019, the husband requested additional evidence to have a handwriting expert verify the wife’s alleged admission. The wife resisted, arguing that the husband had ample opportunity to present this evidence earlier. The trial court dismissed the husband’s application, and he appealed to the High Court.
The High Court noted that while the trial court has discretion to allow additional evidence, it should not permit a party to fill gaps in their case. Since the husband was aware of the document when the maintenance plea was filed and had objected to it initially, there was no justified reason for him to delay the examination of the handwriting expert for two years.
Regarding the adultery allegations, the Court clarified that maintenance can be denied if it is proven the wife is living in adultery. However, “living in adultery” means ongoing adulterous conduct, not just a single or occasional lapse. The court stated that an allegation of adultery dating back to 2005 was not significant enough to dispute the wife’s maintenance claim.
The High Court upheld the family court’s decision and dismissed the husband’s plea.
Case Title: Amit Kumar Yadav v. Suman Devi and others [CRR(F)-384-2021 (O&M)]
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