Wife’s love for another man not adultery without physical relationship: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a wife’s love and affection for someone other than her husband does not amount to adultery unless she is in a physical relationship with that person.

Justice G S Ahluwalia held that “adultery necessarily has to involve sexual intercourse” while rejecting a husband’s argument that since his wife was in love with somebody else, she was not entitled to maintenance.

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

“Even if a wife is having love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” the court said.