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Family LawSupreme Court of India

Himanshu Chordia v. State of Rajasthan & Anr.

Criminal Appeal · 2026 INSC 778Decided 31 Jul 2026
Criminal Appeal (arising out of SLP (Crl.) No. 3171 of 2025)
Justice Sanjay Karol · Justice Vipul M. Pancholi

Background

Himanshu Chordia and Arushi Jain married in 2014; the marriage broke down and Arushi left with their child in 2020, filing for maintenance under Section 125 CrPC before a Udaipur court. Himanshu opposed the claim under Section 125(4), alleging Arushi was living in adultery, relying on roughly 92 videos and 237 photographs obtained through a private investigator. Both the Trial Court and the Rajasthan High Court declined to examine this adultery allegation before the final hearing of the main maintenance case, prompting this appeal.

Decision Breakdown

The Supreme Court held that a Section 125(4) adultery allegation is a distinct question that must be decided before or alongside the interim maintenance stage, not deferred to the very end of the case, but clarified that interim maintenance already granted continues unless the husband proves the allegation "ex facie," with clear and cogent evidence; merely filing such an application does not automatically suspend payments. It remanded the case to the Trial Court to actually decide the merits of the adultery application. Separately, the Court raised a broader concern about the unregulated, largely unlicensed private-investigation industry being used to covertly gather evidence in matrimonial disputes, flagging risks to privacy and evidence authenticity, and directed that the judgment be sent to the Law Ministry and Law Commission to consider regulating private detective agencies.

Lesson Learnt

An allegation that a spouse is "living in adultery" must be examined promptly in a maintenance case, but it does not automatically cut off maintenance payments unless proven with clear evidence: simply raising the allegation is not enough. The judgment also flags that evidence gathered by private investigators in personal disputes currently operates with no licensing or privacy safeguards in India.

Himanshu Chordia v. State of Rajasthan & Anr. – Legal Case Shots | LegalAware