The Punjab and Haryana High Court recently ruled that a wife cannot be denied maintenance unless it is proven that she was living in adultery at the relevant time. The Court emphasized that the evidence must show that the wife was in an adulterous relationship shortly before or after filing for maintenance.
Justice Vivek Puri, who presided over the case, clarified that a single instance of adultery is not enough to disqualify a wife from receiving maintenance. The decision was made in a case where a wife filed for maintenance under Section 125 of the CrPC in July 2017 for herself and her three minor children. The husband opposed the petition, claiming that his wife was involved in an adulterous relationship and had admitted to it in a document dated May 19, 2005.
The husband’s application to introduce additional evidence by examining a handwriting expert to verify the wife’s alleged written admission was rejected by the trial court in 2019. He challenged this decision in the High Court.
The High Court noted that while trial courts have the discretion to allow additional evidence in certain cases, it cannot be used to fill gaps in a party’s argument. Since the husband was aware of the document when the maintenance petition was filed and had already objected to the wife’s claim, there was no valid reason for him to introduce new evidence years later.
Regarding the husband’s accusations of adultery, the Court stated that for maintenance to be denied, it must be proven that the wife was continuously living in an adulterous relationship. The Court explained that “living in adultery” refers to ongoing adulterous behavior, not an isolated incident. The Court dismissed the husband’s claim, noting that an alleged incident from 2005 was not relevant enough to deny the wife maintenance.
The High Court upheld the family court’s decision and rejected the husband’s plea.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
