The Madhya Pradesh High Court recently addressed the issue of whether a wife's emotional involvement with another man, absent a physical relationship, constitutes adultery under the law. In a case where a husband sought to deny his wife maintenance on the grounds of her affection for another individual, the court clarified that adultery necessitates evidence of sexual intercourse. Justice G.S. Ahluwalia emphasized that mere love and affection, without physical relations, do not amount to adultery.
The court was hearing a revision petition filed by the husband challenging a family court's order that directed him to pay an interim maintenance of ₹4,000 per month to his wife. The husband argued that his wife's alleged emotional involvement with another man should disqualify her from receiving maintenance. However, the court dismissed this argument, stating that without proof of a physical relationship, the claim of adultery cannot be sustained.
Additionally, the husband contended that his limited income as a ward boy, earning ₹8,000 per month, made it burdensome to pay the maintenance. He also claimed that his wife was earning from a beauty parlour business. The court found these claims unsubstantiated due to lack of credible evidence. Justice Ahluwalia noted that an able-bodied husband is obligated to support his wife, and a meager income is not a valid excuse to deny maintenance.
This ruling underscores the legal distinction between emotional and physical infidelity in matters of marital obligations and reinforces the criteria for denying maintenance based on allegations of adultery.
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