The Madhya Pradesh High Court has ruled that a woman who lived with a man for a long period is entitled to maintenance after separation, even if they were not legally married.
Justice JS Ahluwalia made this observation while dismissing a petition filed by 38-year-old Shailesh Bopche, who was ordered by the trial court to pay ₹1,500 per month to Anita, the woman he had lived with.
Bopche had challenged the trial court’s decision, arguing that Anita could not prove their marriage took place in a temple. The trial court had agreed there was no proof of a temple marriage but found that the couple had lived together as husband and wife for a considerable period and had a child together.
The trial court, therefore, concluded that Anita was entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC), which requires a person with sufficient means to support their spouse if the spouse is unable to maintain themselves.
Justice Ahluwalia upheld the trial court’s order, noting that there was no clear finding that Anita was not a legally wedded wife. Given their long cohabitation and shared child, the High Court decided that the trial court was correct in awarding her maintenance.
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