Crime & Law · India

Supreme Court: Adultery claim may bar interim maintenance for wife

The Supreme Court ruled that a husband's plea alleging his wife's adultery must be decided before she can receive interim maintenance. The court stated that if the husband prima facie proves the wife is living in adultery, she may be denied interim maintenance. This ruling applies under Section 125 of the Criminal Procedure Code. The Delhi High Court also noted that a wife's earning capacity is distinct from her actual income in maintenance cases. Separately, the Supreme Court ordered a probe into a husband's claim of being unable to pay Rs 18 lakh in maintenance.

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