The Madhya Pradesh High Court recently ruled that a wife's love and affection for someone other than her husband does not constitute adultery unless it involves physical relations. Justice GS Ahluwalia said that adultery must necessarily involve sexual intercourse.
The judge dismissed the husband's argument that his wife, being in love with another person, was not entitled to maintenance. The Court clarified that under Section 144(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) or Section 125(4) of the Code of Criminal Procedure (CrPC), maintenance can only be denied if it is proven that the wife is living in adultery.
According to a report of Bar and Bench, “Adultery necessary means sexual intercourse. Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” the Court said in the judgment dated January 17.
The Court heard a revision petition filed by the husband challenging the family court's order directing him to pay Rs 4,000 interim maintenance to his wife. He argued that, as a Ward Boy earning Rs 8,000, the amount was excessive, especially since she was already receiving Rs 4,000 under Section 24 of the Hindu Marriage Act.
The Court stated that the salary certificate provided by the hospital was not properly authenticated, as it lacked details such as the place and date of issuance. It said that, without verification from the issuing authority, the certificate could not be relied upon at this stage.
The Court further noted that the husband did not claim to be physically incapable of earning. It said that a low income alone cannot justify denying maintenance. The judge stated that if the husband married knowing he couldn’t meet his own basic needs, he is responsible for that. However, if he is able-bodied, he must earn to support his wife or pay maintenance.