Wife gets maintenance even in case of allegations of illegal affairs: Madhya Pradesh High Court

The Madhya Pradesh High Court, in a landmark judgment, has held that a wife is entitled to maintenance even if she is involved in illicit relations, provided she is not in such a relationship at the time of filing the suit. This ruling came in a case in which a husband accused his wife of having illicit relationships with other men and challenged the alimony order issued by the family court.

The court explained that the couple divorced due to disputes after their marriage in 2016 and the wife was still entitled to maintenance. The court also clarified that the definition of “wife” includes a woman who has been divorced from her husband and has not remarried.

The revision petition filed by the husband alleged that the wife made phone calls to other men at night and was involved in illicit relationships. The husband also provided evidence that the wife was living with another man in Bhopal, but the same could not be authenticated under the Indian Evidence Act.

While pronouncing the verdict, the Supreme Court noted that the husband had not proved his claims and therefore the maintenance order passed by the family court would be upheld. This decision underlines that a wife's legal right to maintenance is protected even in controversial cases.

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This case gained wide attention in the Madhya Pradesh High Court when a husband challenged the maintenance order issued by the family court and accused his wife of illicit relations. The husband claimed that his wife talked on the phone with other men at night and was involved in illicit relationships with them. To prove his claims, the husband produced some photographs, but the court found that these pieces of evidence were not attested under the Indian Evidence Act.

The Supreme Court emphasized that a wife can only be denied maintenance if she was actually involved in adultery at the time of filing the application. This provision ensures that divorced women can secure their financial rights, regardless of any allegations made against them.