NEW DELHI: The Supreme Court on Friday ruled that an allegation of adultery made by a husband has to be decided by the court before granting interim maintenance to the wife.
A bench of Justices Sanjay Karol and Vipul M Pancholi said courts would be in error to hold that it was only at the stage of final adjudication that such a question could be decided.
“Since the stipulation in the Section 125 (4) (CrPC) is that if adultery is proved, the wife would neither be entitled to interim nor final maintenance, we are of the view that if a husband files an application under Section 125(4) and is, at the first instance, able to establish the charge through evidence ex facie, then only, there can be said to be a bar to interim maintenance,” the bench said.
The court flagged its concern over increasing reliance on private investigators in family disputes. It urged the Centre and the Law Commission to consider regulating private detective agencies to bring accountability in such matters.
According to the record, the parties married in July 2014. Following disputes, the wife left the matrimonial home in May 2020 along with their minor son. She then moved the Special Additional Chief Judicial Magistrate, Udaipur, seeking maintenance under Section 125 for herself and the child.
The husband then filed an application claiming the wife was in an adulterous relationship, so not entitled to maintenance. He produced evidence. The trial court declined to decide it, observing that the authenticity of electronic material could be tested only during trial. The court reiterated that maintenance provisions must be interpreted liberally to uphold the social justice objective of ensuring dignity for dependents.
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