Overview
- The Supreme Court issued the judgment on July 31, 2026, holding that courts must first assess an allegation of adultery before granting interim maintenance under Section 125 CrPC.
- The bench said clear, cogent prima facie evidence of adultery can bar both interim and final maintenance, but mere allegations are insufficient to deny support.
- The husband had placed large volumes of electronic material—reported as about 237 photographs and 92 videos—which the court said must be tested at the interim stage and may be challenged by the wife for authenticity and legality.
- The court set aside the Rajasthan High Court’s approach and remanded the matter to the trial court to decide the husband’s Section 125(4) application on its merits.
- Flagging privacy and authenticity concerns over private investigators, the bench directed that the judgment be sent to the Ministry of Law and Justice and the Law Commission for consideration of regulatory measures.