Wife’s premarital relationships do not constitute adultery, says Bombay high court | Nagpur News

Dismisses husband’s petition

Nagpur: Drawing a clear distinction between premarital relationships and adultery under matrimonial law, the Nagpur bench of Bombay high court recently held that allegations about a woman’s relationships with several men before marriage do not constitute adultery. The court refused to interfere with an order directing a man to pay Rs10,000 per month as interim maintenance to his estranged wife.Justice MM Nerlikar dismissed an application filed by a Nagpur-based man, who challenged an April 20 order of a family court granting interim maintenance to his wife from the date of her application until the final disposal of their matrimonial dispute.The man challenged the order on three grounds: the family court lacked territorial jurisdiction, the wife was living in adultery, and the maintenance awarded was excessive.The court rejected the contention that the family court lacked jurisdiction, noting the wife showed her residential address at Indira Nagar in Nagpur. The husband’s claims that she relied on forged documents, including a rent agreement and receipts from a typing institute, to create territorial jurisdiction were held to be an issue that can only be decided after evidence is recorded during trial.“I fail to understand how the family court at Nagpur lacks the jurisdiction to entertain the matter,” Justice Nerlikar observed, adding that the question of the wife’s residence “is a matter of trial.”On the allegation of adultery, the judge noted that both parties levelled several allegations and counter-allegations against each other. “Merely making allegations is not sufficient unless it is substantiated by the evidence. It cannot be considered as a gospel truth,” the court observed.The HC also examined the husband’s financial capacity and noted that he is employed with the state’s power entity, drawing a monthly salary of about Rs60,000, as disclosed in his affidavit of assets and liabilities.Although the husband argued that he was servicing multiple loans taken from finance companies, the court held that personal financial liabilities cannot dilute a spouse’s obligation to pay maintenance.“Only statutory deductions can be reduced from the gross salary to arrive at a maintenance amount,” the court observed.Holding that the family court properly considered all relevant aspects while awarding interim maintenance, the HC found no legal infirmity in the impugned order and dismissed the revision application.BOXWHAT THE HC SAIDA woman’s relationships with several men before marriage do not constitute adulteryMere allegations of adultery cannot deny interim maintenance unless supported by evidenceHusband’s claim that wife forged documents to create Nagpur jurisdiction will be decided during trialJurisdiction cannot be rejected at the interim stage on disputed factsWife’s Nagpur address sufficient for the family court to entertain the maintenance application