The Madhya Pradesh High Court ruled that a wife’s love & affection for someone other than her husband is not adultery unless there is a physical relationship.
Under Section 144(5) of BNSS/ Section 125(4) of Cr.P.C maintenance can only be denied if the wife is living in adultery, meaning sexual intercourse must be proven.
A husband challenged a Family Court's order granting his wife ₹4,000 as interim maintenance despite his ₹8,000 income. The High Court dismissed his plea, stating that a husband's low income cannot be a reason to deny maintenance.
RudraBookmark