• Mou Mou
• 15 Feb, 2025

Madhya Pradesh High Court recently delivered a crucial judgment regarding marital disputes stating that a wife’s emotional attachment to another man without any physical relationship cannot be termed as adultery. This verdict came in response to a husband's plea challenging a maintenance order for his wife alleging that she was involved in an extramarital affair.

Legal Background on Adultery in India

Adultery is no longer a punishable offence in India. In 2018 the Supreme Court struck down Section 497 of the IPC removing criminal charges for extramarital affairs. However adultery can still be grounds for divorce under personal laws.

Court’s Observations on Adultery

The Madhya Pradesh High Court ruled that a wife having emotional feelings or a romantic bond with another man does not amount to adultery unless there is evidence of a physical relationship. The judgment clarified that

- Emotional attachment is not a valid reason to deny a wife maintenance.

- A spouse engaging in a purely mental or emotional affair cannot be considered guilty of adultery under Indian law.

- Only physical infidelity can be classified as adultery in legal terms.

Case Details & Husband’s Claims

A husband working as a ward boy with a salary of Rs 8,000 per month had filed an appeal against a Rs 4,000 monthly maintenance order issued in favour of his wife. His arguments were,

- His wife was allegedly in an affair and thus not entitled to maintenance.

- She ran a beauty parlour and had an independent income.

However the court dismissed these claims, stating that,

1. The husband failed to provide concrete proof of adultery or independent income.

2. Under CrPC Section 125(4) only a woman engaged in physical adultery can be denied maintenance.

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Legal Implications of the Verdict

This judgment sets a significant precedent in Indian family law

- Emotional connections even if outside marriage cannot be used to deny maintenance. 

- A husband must prove physical adultery to contest maintenance claims.

- The ruling upholds financial rights of women post-separation, reinforcing gender justice.

The Madhya Pradesh High Court's decision reaffirms that emotional involvement does not amount to adultery and cannot be grounds for denying a wife’s legal rights. This ruling further strengthens women’s financial security in marital disputes.