The Madhya Pradesh High while hearing a case held that a wife’s love for someone other than her husband outside her marriage does not amount to adultery unless she is in a physical relation with that man.
Justice G.S Ahluwalia held that the cases of adultery has to involve sexual intercourse. This judgement came after the court rejected the husband argued that since his wife was in love with someone else, she was not entitled to maintenance.
The court held that Section 144(5) of BNSS states that maintenance can be denied only if adultery is proved.
