Adultery Must Be Proved at Relevant Time to Deny Wife Maintenance: Punjab & Haryana High Court
The Punjab and Haryana High Court recently ruled that a wife is not automatically disqualified from receiving maintenance unless it is proven that she was living in adultery at the time the maintenance plea was filed or shortly before or after. The Court clarified that a single act of adultery does not disqualify a wife from claiming maintenance.
The judgment was delivered by Justice Vivek Puri while hearing a plea under Section 125 of the CrPC. In the case, the wife filed for maintenance in July 2017 for herself and her three minor children. The husband contested the plea, alleging that the wife had been in an adulterous relationship and cited a written statement from 2005 as evidence.
The husband requested additional evidence in 2019 to verify the handwriting on the document through an expert. However, the trial court dismissed the application, stating that the husband had ample opportunity earlier but failed to act in a timely manner. The High Court upheld this decision, stating that allowing such a request at a late stage would be filling gaps in the case, which is not permissible.
The High Court further clarified that:
- The term “living in adultery” implies a continuous adulterous relationship, not a single or occasional act.
- Allegations of adultery from 2005 cannot be used to disqualify the wife from seeking maintenance in 2017.
The Court also highlighted that proving continuous adulterous behavior is necessary to deny maintenance under the law. Without substantial evidence of ongoing misconduct at the relevant time, the wife’s claim remains valid.
Ultimately, the High Court dismissed the husband’s appeal and upheld the trial court’s decision to grant maintenance to the wife and her children.
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