No Physical Relationship? No Problem for Maintenance, Court Declares

Madhya Pradesh(The Uttam Hindu): In a significant ruling, the Madhya Pradesh High Court has clarified that a woman’s emotional attachment to another man, outside of her marriage, cannot be considered an illicit relationship unless there are physical relations involved. This judgment came while hearing a petition filed by a man challenging his wife’s entitlement to maintenance. The petitioner argued that his wife should not be entitled to maintenance since she was emotionally involved with another man. However, Justice G.S. Ahlawat, in his ruling, rejected this argument, emphasizing that an illicit relationship is only recognized when there are physical relations between the parties.

The court referred to provisions in the Indian Citizenship Safety Code (BNSS) and the Criminal Procedure Code (CrPC), particularly Sections 144(5) and 125(4), which state that maintenance can be denied only if there is clear evidence of illicit physical relations. The court noted that an emotional, non-physical affair doesn’t qualify as an illicit relationship under the law. The case stemmed from a family court order directing the man to pay ₹4,000 in monthly maintenance to his wife. The husband, a ward boy earning ₹8,000 a month, contested this, stating that he was already paying ₹4,000 under the Hindu Marriage Act Section 24 and couldn’t afford more. He also argued that the additional ₹4,000 ordered under CrPC Section 125 was excessive.

However, the court dismissed his claims, stating that his limited income could not be used as an excuse to deny maintenance. It emphasized that a husband is obligated to support his wife, especially if she is unable to meet her basic needs. This ruling sets an important precedent regarding maintenance rights and emotional relationships in matrimonial disputes.