Wife’s Emotional Attachment to Another Man is Not Adultery: MP High Court
The Madhya Pradesh High Court recently ruled that a wife’s emotional affection for another man does not qualify as adultery unless there is physical intimacy. The judgment came while rejecting a husband’s claim that his wife should not receive maintenance because she was in love with someone else.
The court clarified that under Section 144(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 125(4) of the Code of Criminal Procedure (CrPC), a wife can only be denied maintenance if she is proven to be “living in adultery.” Mere emotional involvement is not enough to disqualify her from financial support.
Case Background
A man challenged a family court’s order directing him to pay ₹4,000 as interim maintenance to his wife. He argued that his salary as a Ward Boy was only ₹8,000 per month and that he was already paying ₹4,000 under Section 24 of the Hindu Marriage Act.
However, the court noted that the salary certificate provided by the man lacked verification. Since it did not mention the date or place of issuance, the document could not be considered valid evidence.
Husband’s Arguments Rejected
The husband also claimed that his wife was financially independent and running a beauty parlor. However, the court stated that he failed to provide any documents proving that she owned or rented a shop. Without solid evidence, such a claim could not be used to deny maintenance.
Furthermore, the husband alleged that he had been dispossessed of family property. The court dismissed this argument, suggesting that the dispossession notice might have been strategically issued based on legal advice.
Court’s Final Verdict
The court upheld the family court’s decision, stating that financial constraints alone do not justify refusing maintenance. The judge emphasized that a husband is responsible for providing for his wife, especially if he is physically capable of earning.
The court ruled that the wife’s entitlement to maintenance is well established under Indian law and rejected the husband’s revision petition.
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