The Punjab and Haryana High Court has ruled that the term “wife” should be interpreted broadly to ensure maintenance is provided, even if a marriage is considered void or legally invalid.
Justice Harpreet Singh Brar stated that the court must recognize a relationship “in the nature of marriage” for maintenance purposes when the parties were living together as spouses after performing essential marriage rituals.
Justice Brar also clarified that a first marriage’s existence does not prevent a spouse from claiming maintenance under Section 125 of the CrPC if she lived with the person as his wife. This decision was made in a case where the couple’s marriage took place while a first marriage was still ongoing. The family court had initially ruled that the petitioner-wife was not entitled to maintenance, viewing the relationship as merely a live-in arrangement.
Justice Brar noted that the records showed both the petitioner and the respondent-husband had performed a second marriage. It was reasonable to infer that they lived as husband and wife after completing the necessary marriage ceremonies until September 2015, when the respondent-husband allegedly discovered the petitioner’s second marriage.
The judge sent the case back to the District Judge, Family Court, Barnala, to decide on the amount of maintenance to be awarded.
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