Section 125(4) CrPC Bar Applies to Both Interim and Final Maintenance; SC Remands Case, Calls for Regulation of Private Investigators
New Delhi, Aug 2: In a significant ruling, the Supreme Court has held that a wife can be denied interim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) if the husband is able to prima facie establish that she is living in adultery.
A Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi ruled that the disqualification contained under Section 125(4) CrPC is applicable not only to final maintenance but also to interim maintenance, provided there is sufficient prima facie material establishing adultery at the initial stage.
The apex court clarified that where the husband is able to produce credible prima facie evidence showing that the wife is living in adultery, the statutory bar under Section 125(4) CrPC can be invoked even while deciding an application for interim maintenance.
Setting aside the Rajasthan High Court’s judgment, the Supreme Court remanded the matter to the trial court for fresh adjudication in accordance with law, directing it to reconsider the maintenance plea in light of the legal position laid down by the apex court.
The Court also expressed concern over the increasing use of private investigators to collect electronic evidence in matrimonial disputes. It urged the Union Government and the Law Commission of India to examine the need for regulating the functioning of private investigators, highlighting serious issues relating to privacy rights, surveillance, and data protection.
The judgment is expected to have significant implications for maintenance proceedings under Section 125 CrPC, particularly in cases where allegations of adultery are raised at the preliminary stage.(KNC)
