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.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
