Husband Must Pay Alimony Even if Wife Shows Affection to Another, Says HC
The Madhya Pradesh High Court has ruled that a wife expressing love and affection toward another person, apart from her husband, does not constitute a crime. The court clarified that unless a physical relationship is established, such a connection should not be considered adultery.
Justice G.S. Ahluwalia dismissed the husband's argument that his wife was unfaithful and thus unworthy of alimony. The husband had alleged that his wife was engaged in an extramarital affair and should not be entitled to maintenance. However, the court ruled that unless there is concrete proof of an extramarital affair, the wife remains eligible for maintenance and financial support.
The court upheld a family court's earlier decision directing the husband to pay ₹4,000 per month as interim maintenance to his estranged wife. The husband's petition challenging this order was dismissed.
The ruling emphasized that merely displaying affection or emotional attachment toward another person does not amount to adultery unless there is evidence of a physical relationship. The court also rejected the husband's plea on the grounds of his low income, stating that financial hardship does not exempt him from his responsibility to support his wife. The judgment further noted that if a man willingly enters marriage despite knowing his financial limitations, he must take responsibility for his wife's well-being. The court added that if the husband is capable, he should either provide for his wife or earn enough to contribute to her maintenance.
