Kerala High Court Holds Circumstantial Evidence Sufficient to Prove Adultery in Maintenance Cases

The Kerala High Court held that adultery in maintenance proceedings under Section 125 CrPC can be proved through circumstantial evidence if it logically demonstrates adulterous behavior.

The Court noted that maintenance claims are civil in nature and require proof by a preponderance of probabilities, not beyond reasonable doubt. Evidence including psychological treatment records, witness testimony, call detail records, and divorce proceedings collectively established the wife’s continuous adulterous behavior.

The Court set aside the family court order and ruled that the wife was not entitled to maintenance.