Madhya Pradesh high court verdict: 'Without physical relationship, wife’s love for another man not adultery'

The court also emphasised that a husband's low income cannot be a reason to deny maintenance.

Unless there is a physical relationship, a wife's love and affection for another man does not amount to adultery, the Madhya Pradesh High Court has ruled.

These observations were made by Justice GS Ahluwalia while rejecting a husband's claim that his wife, being in love with someone else, was not entitled to maintenance, reported the Indian Express.

The court was hearing a revision petition filed by the husband against a family court’s order directing him to pay his wife an interim maintenance of Rs 4,000.

"Adultery necessarily has to involve sexual intercourse," the court stated, adding, "Even if a wife has love and affection for someone else without physical relations, it cannot be considered adultery."

The court also emphasised that a husband's low income cannot be a reason to deny maintenance. "If a man marries knowing he cannot fulfill even his own needs, he is responsible for it. If he is able-bodied, he must earn to maintain his wife or pay the maintenance," the court noted.