This is where many husbands get confused.

Under **Section 144 BNSS**, the law carries forward the maintenance framework of Section 125 CrPC, including the statutory restriction concerning a wife who is **“living in adultery.”** But simply saying, *“She is having an affair,”* is **not enough**.

The husband has to establish the legally relevant facts with **credible evidence**. Photos, chats or suspicion do not automatically terminate a maintenance claim—especially where their authenticity, context or meaning is disputed. The Supreme Court has recently reiterated that **mere allegations are insufficient**, while clear and cogent evidence of adultery must be considered when deciding the statutory bar.

The position can also differ depending on the legal route. For example, the Delhi High Court has held that the **Domestic Violence Act does not contain the same express statutory bar as Section 125/144**, so an unproven adultery allegation does not automatically defeat interim monetary relief under the DV Act.

So the rule is simple:

**Don’t just allege adultery. Prove the legally relevant facts.**

Evidence, context and the specific maintenance provision being invoked all matter.

📌 **Read the complete legal guide:** [Wife Adultery & Maintenance — Shonee Kapoor](https://www.shoneekapoor.com/legal-news/wife-adultery-maintenance-sc?utm_source=chatgpt.com)

📌 *Educational purpose only. Not legal advice.*

WIFE IN AN ADULTEROUS RELATIONSHIP — DOES THE HUSBAND STILL HAVE TO PAY MAINTENANCE?