The Madhya Pradesh High Court recently ruled that women in long-term live-in relationships are entitled to maintenance after separation, even if they were not legally married.
Justice JS Ahluwalia made this statement while dismissing a petition by a 38-year-old man, who was ordered by the trial court to pay a monthly allowance of Rs 1,500 to the woman he had lived with.
Shailesh Bopche had challenged the trial court’s order to pay an allowance to Anita, arguing that she could not prove they had married in a temple. The trial court found no evidence of their marriage in a temple.
However, because Anita had a child with Shailesh, the trial court determined she was entitled to an allowance. The court noted that although it did not find proof of their legal marriage, the couple had lived as husband and wife for a considerable period, and Anita had given birth to Shailesh’s child.
Upholding the trial court’s decision, Justice Ahluwalia stated that the main argument from Shailesh’s lawyer was that Anita, not being a legally wedded wife, could not claim maintenance under Section 125 of the Criminal Procedure Code (CrPC). Section 125 of CrPC mandates that a person with sufficient means must provide for his wife if she cannot maintain herself.
The Madhya Pradesh High Court concluded that, since the couple had lived as husband and wife for a long time and there was no specific finding that Anita was not a legally wedded wife, the trial court’s decision to award maintenance was justified.
