Maintenance -- Adultery -- Interim Maintenance Under Domestic Violence Act Cannot Be Denied on Unproven Allegations of Adultery -- No Express Statutory Bar Unlike Section 125(4) CrPC
Unlike Section 125(4) CrPC, which expressly bars maintenance to a wife living in adultery, the Protection of Women from Domestic Violence Act, 2005 contains no such statutory disqualification. At the interim stage under Section 12 PWDVA, only a prima facie view is required; disputed allegations of adultery cannot be conclusively determined without trial and evidence. The wife's conduct under Explanation II to Section 3 PWDVA remains relevant for final adjudication but does not operate as an automatic bar to interim relief.
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