B.Vigneshkumar, v. S.Sneha
Case brief
What is this about?
Madras High Court dismisses CRP No. 3432 of 2025 challenging the trial court's rejection of an application to summon witnesses to prove alleged adultery of the wife in a maintenance application arising from HMOP.No.636/2022. Court holds that character/allegations of the parties are not required to be decided in a maintenance case; relevance is confined to whether the wife has independent income and can sustain her livelihood and whether the petitioner has income to maintain her; witnesses may be summoned as per law in any pending divorce application. Dismissed with no costs; decision dated 05-08-2025.
What did the court decide?
What is relevant to decide in a maintenance application is whether the wife is having independent income and can sustain her livelihood and whether the petitioner has income to maintain his wife; all other allegations with regard to the character of the parties are not at all required to be decided in the maintenance case.