The High Court recently affirmed that allegations of a spouse’s re-marriage or adultery, raised to evade maintenance obligations, cannot be adjudicated summarily based on mere documents. The Court held that such disputed facts require a “full-fledged trial” involving oral evidence to establish truthfulness and veracity.

Mr. Rahul Jagannathan, appearing for the respondent-wife, successfully argued that an application for cancellation of interim maintenance cannot be allowed when there are disputed facts and evidence on record that have not yet stood the test of cross-examination.

Arguments on Behalf of the Respondent/Wife

Advocate Rahul Jagannathan strongly opposed the husband’s revision petitions, raising the following key contentions:

• Non-Maintainability and Clean Hands: It was argued that the petition filed by the husband under Section 127 Cr.P.C. was neither maintainable in law nor on facts. Counsel pointed out that the husband had failed to comply with the interim maintenance order dated November 16, 2022, and had approached the Court with “unclean hands” by filing false assets and liabilities statements.
• Disputed Proof of Re-marriage: Regarding the husband’s allegation that the wife had remarried one Harish Menon, the counsel submitted that the wife categorically denied such claims. He emphasized that under Section 127(3) of the Cr.P.C., remarriage is a ground for cancellation only after a valid divorce, which in this case, is still pending.
• Requirement of Oral Evidence: Mr. Rahul Jagannathan contended that the husband’s reliance on Exhibit P1 to P4 (certificates and photographs) was insufficient. He argued:

“In the absence of oral evidence, mere marking of certificates and photographs cannot be taken as conclusive proof. The authenticity of the signatures on the marriage certificates is disputed, and the truthfulness of these receipts must be decided during trial.”

• Bar under Section 362 Cr.P.C.: The counsel further argued that the husband’s prayer was essentially an attempt to seek a review of a previous interim order, which is expressly barred under Section 362 of the Cr.P.C.
• Interim Orders are Not Final: Relying on a series of precedents, including Vishal Kochar v. Pulkit Sahni and Sunil Hansraj Gupta v. Payal Sunil Gupta, the counsel argued that interim maintenance orders do not decide the final rights and liabilities of the parties and remain effective until the final disposal of the case.

Conclusion: No Summary Termination of Maintenance Based on Disputed Allegations

The High Court ultimately ruled that the summary procedure cannot be used to bypass the rigors of a trial when the fundamental rights of a spouse to maintenance are at stake. By upholding the trial court’s decision, the High Court reinforced that allegations as serious as adultery or remarriage require more than just “paper evidence”; they require the scrutiny of cross-examination.

Key Directives Issued by the Court:

• Affirmation of Interim Relief: The Court refused to interfere with the orders dated 21.07.2023 and 24.07.2023, effectively compelling the husband to clear arrears and continue interim payments pending the final outcome.
• Trial Mandate: It was made clear that the “truthfulness and veracity” of the marriage receipts and photographs (Exs. P1 to P4) must be established through oral evidence.
• Expedited Timeline: To ensure that the litigation does not drag on, the Court directed the lower court to conclude both the Maintenance Case (M.C.) and the Divorce Proceedings (O.P.) within a strict window of four months.
• Independent Adjudication: The Court clarified that the ongoing criminal proceedings in Kerala (C.C.No.422 of 2022) should proceed independently and remain uninfluenced by the observations made in these revision cases.

In essence, the ruling serves as a safeguard against the premature termination of support, ensuring that a husband cannot evade his financial obligations through unproven allegations before the wife has had a fair opportunity to contest them in a full-fledged trial.

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