Kerala HC: Circumstantial Evidence Sufficient to Deny Maintenance U/S 125 CRPC to Wife due to Adultery, Husband Can’t Be Expected to Produce Evidence of Intimacy in Private
In Jinesh v. Aswathy, husband filed a revision petition in Kerala HC challenging the Family Court’s order granting monthly maintenance of ₹7,500 to the wife u/s 125 CrPC. The parties had married in 2003, and following marital discord, the husband obtained a divorce decree. The wife later filed a petition claiming maintenance, which the husband opposed on the grounds that she was “living in adultery” and therefore barred from relief u/s 125(4) Husband argued that Family Court ignored clear evidence of continuous adulterous behaviour. He relied on medical records, witness testimony, call detail records, and divorce petition filed by the...
