Supreme Court Clarifies Adultery Plea Must Be Decided at Interim Maintenance Stage, Not Deferred to Final Hearing

Case Snapshot

Case Name: Himanshu Chordia v. State of Rajasthan & Anr.

Citation: 2026 INSC 778

Bench: Justice Sanjay Karol and Justice Vipul M. Pancholi

Date of Judgment: July 31, 2026

Area of Law: Criminal Law, Maintenance under CrPC, Family Law

The Judgment in One Line

Adultery plea under Section 125(4) CrPC must be decided at interim stage if clear evidence exists, not deferred to final adjudication.

Why This Judgment Matters

This judgment settles a crucial procedural question in maintenance proceedings: whether a husband's allegation of adultery can be decided as a preliminary issue at the interim maintenance stage or only at final hearing. The Supreme Court held that if the husband presents ex facie evidence establishing adultery, the wife is not entitled to interim maintenance. Deferring such a plea to final adjudication would render Section 125(4) otiose. The Court also flagged the unregulated private investigation industry and directed that a copy of the judgment be sent to the Ministry of Law and Justice and the Law Commission for considering regulation of private detectives.

Background

Himanshu Chordia married Arushi Jain on July 7, 2014. Relations soured, and Arushi left the matrimonial home on May 13, 2020, along with their child. On November 5, 2020, she filed an application under Section 125 CrPC seeking maintenance. The husband alleged that the wife was living in adultery and filed an application under Section 125(4) CrPC, contending that she was not entitled to maintenance on account of her adulterous relationships. He place

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