Supreme Court Ruling on Interim Alimony in Infidelity Cases

In a significant ruling, the Supreme Court has clarified that allegations of infidelity must be addressed prior to any decisions on interim alimony. The court emphasized the necessity of evaluating evidence early in the process, particularly under Section 125(4) of the Criminal Procedure Code. This decision arose from a case where a husband contested alimony based on claims of his wife's infidelity. The court's stance highlights the evolving nature of evidence collection and the implications for marital disputes. Read on to discover the full details of this landmark ruling.

By Narendra Chaudhary Jul 31, 2026, 21:52 IST

Supreme Court's Stance on Alimony and Infidelity

The Supreme Court stated on Friday that when a husband alleges infidelity, the court must first address that claim before deciding on interim alimony for the wife. A bench comprising Justices Sanjay Karol and Vipul M. Pancholi emphasized that it would be erroneous for courts to believe that such allegations should only be resolved at the final hearing stage. The bench noted, “As per Section 125(4) of the Criminal Procedure Code (CrPC), if the charge of infidelity is proven, the wife is not entitled to either interim or final alimony.”

Thus, the court opined that if a husband files an application under Section 125(4) and initially proves the allegations based on evidence, the interim alimony can be denied.” This ruling came in response to an appeal from a man whose petition against alimony based on infidelity was dismissed by the Rajasthan High Court, prompting him to approach the Supreme Court. The couple had married on July 7, 2014.

Shortly after their marriage, issues arose between them, leading the woman to make several allegations against the man and file complaints with the police. Ultimately, on May 13, 2020, she left her marital home with their child and valuables. Subsequently, she filed for interim alimony in the court of the Special Additional Chief Judicial Magistrate in Udaipur.

In response, the man also filed an application under Section 125(4) of the CrPC, arguing that due to his wife's alleged infidelity, she was not entitled to any interim alimony. However, the court rejected his application. The Supreme Court, in its ruling, noted that the husband presented various photographs and other evidence to substantiate his claim that the wife was involved in an extramarital affair.

According to Section 125(4) of the CrPC, if a wife is found to be engaging in infidelity, she cannot claim alimony, interim alimony, or legal expenses from her husband. The Supreme Court also raised concerns regarding the husband's use of a private investigator to obtain photographs and videos of the wife. The bench suggested that there should be a framework to address the evolving methods of evidence collection.