Supreme Court: Wife Found Living in Adultery Cannot Claim Maintenance

The Supreme Court has ruled that a wife found to be living in adultery is ineligible for interim or final maintenance payments. The judgment clarifies that while allegations of adultery do not automatically disqualify a wife, trial courts must now decide such claims promptly rather than postponing them until the conclusion of maintenance proceedings.

The ruling came in response to an appeal by a man challenging a lower court's order granting interim maintenance to his estranged wife. He argued that his wife's alleged adultery barred her claim under Section 125(4) of the Code of Criminal Procedure (CrPC). The Supreme Court, setting aside the high court's order, remanded the case back to the trial court, stating that the statutory bar applies to both interim and final maintenance.

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If adultery is proved, the wife claiming maintenance would not be entitled to the same as an interim measure and therefore, obviously, not even as a final measure.

"If adultery is proved, the wife claiming maintenance would not be entitled to the same as an interim measure and therefore, obviously, not even as a final measure," the bench stated. However, the court emphasized that mere allegations are insufficient; the husband must present "clear and cogent" evidence that prima facie establishes adultery.

Simultaneously, the Supreme Court highlighted concerns regarding the increasing reliance on private investigators in matrimonial disputes. The court called for the establishment of a legal framework to regulate these agencies, citing issues related to privacy, voyeurism, the authenticity of electronic evidence, and a lack of accountability. Justices Sanjay Karol and Vipul M Pancholi urged the Centre and the Law Commission to examine these regulatory needs.

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clear and cogent