Adultery Must Be Proven To Deny Interim Maintenance: Supreme Court

The Supreme Court has ruled that a wife may not be entitled to interim maintenance if there is clear and convincing evidence establishing that she is living in adultery, while emphasising that mere allegations are insufficient to deny financial relief.

The observation came during the hearing of a matrimonial dispute involving a claim for interim maintenance pending the outcome of legal proceedings.

The Bench explained that interim maintenance is to provide financial assistance to a spouse who is unable to support herself during the course of litigation.

The court clarified that such relief is not automatic and must depend on the facts and evidence presented in each case.

The Supreme Court stressed that unsubstantiated allegations of adultery cannot deprive a claimant of interim maintenance. It held that courts must rely on credible and convincing material before refusing financial support on that ground.

Where evidence clearly establishes that the claimant is living in adultery, courts may deny interim maintenance in accordance with the applicable legal provisions.

The judgment underscores the need for evidence-based adjudication in matrimonial disputes and cautions against allowing unsupported accusations to influence maintenance proceedings.

Reiterating that every family dispute presents its own set of facts, the Supreme Court said courts must examine the circumstances of each case individually while balancing the rights and interests of both parties.

The ruling provides further guidance on how courts should assess interim maintenance claims involving allegations of adultery, reinforcing that judicial decisions must rest on credible evidence rather than unverified claims.

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