Kerala High Court Overturns Maintenance Order, Cites Adultery Evidence

High Court rules in favor of husband, setting aside maintenance awarded to wife based on evidence of continuous adultery.

In a significant judgment, the Kerala High Court has overturned a Family Court's decision to grant maintenance to a wife, finding that she was living in adultery, which disentitles her to maintenance under Section 125(4) of the Criminal Procedure Code (Cr.P.C.). The decision, rendered by Dr. Kauser Edappagath, J., came in the case of Jinesh C.R. v. Aswathy P.R., where the petitioner, Jinesh C.R., challenged the Family Court's order directing him to pay his estranged wife Rs.7,500 per month as maintenance.

The marriage between Jinesh and Aswathy was solemnized in 2003, but marital disputes led to divorce proceedings and a subsequent maintenance claim by Aswathy under Section 125 of Cr.P.C., which was initially upheld by the Family Court. Jinesh contested this, alleging that Aswathy was living in adultery, a claim which, if substantiated, disqualifies her from receiving maintenance according to the legal provisions.

The High Court's judgment emphasized the evidentiary standards applicable in maintenance proceedings, which are civil in nature and rely on the preponderance of probabilities rather than proof beyond a reasonable doubt, as in criminal cases. The court examined various pieces of circumstantial evidence presented by Jinesh, including psychiatric treatment records and witness testimonies, which collectively suggested that Aswathy was engaged in an ongoing extramarital relationship with one Sri. Ajith V. Nair.

Key pieces of evidence included testimony from a psychologist who treated Aswathy, documentation of her extramarital affair in medical records, and corroborative call detail records placing her and Ajith at the same location. The court noted that the Family Court's dismissal of this evidence was contrary to the principles of evidence appreciation, and it found the evidence sufficient to establish continuous adulterous behavior.

The High Court's decision underscores the legal principle that for a wife to be disqualified from claiming maintenance due to adultery, there must be proof of continuous adulterous conduct, not merely isolated incidents. This ruling reinforces the importance of comprehensive evidence when allegations of adultery are made in maintenance disputes.

Bottom Line:

Section 125(4) of Cr.P.C. specifies that a wife living in adultery is disentitled to claim maintenance. Continuous adulterous behavior must be established through circumstantial evidence to prove 'living in adultery' under the preponderance of probabilities standard.

Statutory provision(s): Section 125(4) of the Criminal Procedure Code, 1973

Jinesh C.R. v. Aswathy.P.R., (Kerala) : Law Finder Doc Id # 2816662