Court Rules Emotional Love Without Physical Relationship is Not Adultery
The Madhya Pradesh High Court recently ruled that a wife’s love for another man does not amount to adultery unless she is in a physical relationship with him. This decision came while hearing a case where a husband argued that his wife, being in love with someone else, was not entitled to maintenance.
However, the Court rejected the husband’s argument, stating that as per Section 144(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 125(4) of the Code of Criminal Procedure (CrPC), a wife can be denied maintenance only if she is proven to be living in adultery.
Husband’s Petition Challenged
The case involved a husband’s revision petition against a family court order directing him to pay ₹4,000 as interim maintenance to his wife. The husband, who works as a ward boy earning ₹8,000, argued that the amount was excessive since his wife was already receiving ₹4,000 under Section 24 of the Hindu Marriage Act.
The Court, however, found that his salary certificate from the hospital was not properly authenticated, as it lacked details like the place and date of issuance. Therefore, the certificate could not be relied upon.
Court Emphasizes Husband’s Responsibility
The Court observed that the husband had not claimed he was physically incapable of earning. It further ruled that a husband’s low income cannot be a reason to deny maintenance, as he is responsible for supporting his wife if he is physically able to work.
“If a man marries knowing he cannot support even his own needs, he must still take responsibility for his wife’s maintenance,” the judge stated.
No Proof of Wife’s Income
The husband also argued that his wife was financially independent as she was running a beauty parlour. However, the Court dismissed this claim due to a lack of documentary evidence proving her earnings or property ownership related to the business.
The Court also questioned the husband’s claim of being dispossessed of family property, suspecting that the public notice about his dispossession was issued based on legal advice rather than factual evidence.
Wife’s Right to Maintenance Upheld
Reaffirming the legal right of a wife to maintenance, the Court stated that the trial court had not committed any error in awarding interim maintenance, considering the support already granted under the Hindu Marriage Act.
As a result, the Court dismissed the husband’s petition, ensuring that the wife continues to receive her rightful financial support.
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