Bhopal: The Madhya Pradesh High Court has ruled that a wife’s love and affection for another man does not amount to adultery unless there is a physical relationship.
Justice G S Ahluwalia made this observation while rejecting a husband’s argument that his wife was not entitled to maintenance because she loved someone else.
The husband had challenged a family court’s order directing him to pay Rs 4,000 as interim maintenance to his wife.
The High Court clarified that adultery requires sexual relations. “Even if a wife has feelings for someone else but no physical relationship, it cannot be considered adultery,” the court said.
The court also ruled that a husband’s low income is not a reason to deny maintenance. If a man marries, he must take responsibility for his wife’s basic needs.
The decision reinforces that maintenance is a legal right of a wife, regardless of her personal emotions.