SC: Wife not entitled to interim maintenance if adultery allegation is prima facie true
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court ruled that a wife cannot be granted interim maintenance if the husband's allegation of adultery is prima facie true. This clarifies the interpretation of Section 125(4) of the Criminal Procedure Code, impacting pending maintenance cases.
Background
The case originated from a husband's plea challenging trial court and Rajasthan High Court orders that rejected his request to examine adultery allegations before granting interim maintenance. The High Court had held that a wife cannot be denied interim maintenance during pendency of the husband's application under Section 125(4).
Key facts
A bench of Justices Sanjay Karol and Vipul M Pancholi delivered the judgment.
The Supreme Court quashed the Rajasthan High Court's order.
The Court held that if a husband files an application under Section 125(4) and establishes the charge of adultery through evidence ex facie (on the face of it), then there is a bar to interim maintenance.
The Court noted that proving adultery through circumstantial evidence requires detailed study and time, but if the evidence is clear at the first instance, interim maintenance can be denied.
The trial court and High Court erred in holding that such a question could only be decided at final adjudication, which would render the statutory provision otiose.
Section 125(4) CrPC states that a wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or if they live separately by mutual consent.
Prelims pointers
- Section 125 of the Criminal Procedure Code (CrPC) deals with maintenance of wives, children, and parents.
- Section 125(4) CrPC specifically bars maintenance for a wife living in adultery.
- The judgment was delivered by a bench of Justices Sanjay Karol and Vipul M Pancholi.
- The case originated from Rajasthan High Court.
- The term 'ex facie' means 'on the face of it' or 'prima facie'.
Mains angles
- Discuss the judicial interpretation of Section 125(4) CrPC and its implications for interim maintenance.
- Critically examine the balance between a wife's right to maintenance and a husband's right to contest on grounds of adultery.
- Analyze the role of prima facie evidence in interim orders under criminal law.