Court Rules Live-In Partner Entitled to Maintenance After Separation
In a significant ruling, the Madhya Pradesh High Court has stated that a woman who has lived with a man for a long period is entitled to financial support after separation, even if they were never legally married.
Case Background
The court made this decision while hearing a case where a 38-year-old man, Shailesh Bopche, challenged a trial court’s order directing him to pay ₹1,500 per month as maintenance to Anita, a woman he had lived with.
Shailesh argued that Anita could not prove they were married in a temple, and the trial court itself found that no official marriage had taken place. However, since the couple lived together for a long time and had a child, the trial court ruled in Anita’s favor and awarded her maintenance.
High Court’s Decision
Upholding the trial court’s verdict, Justice J.S. Ahluwalia noted that the primary argument against the ruling was that Anita was not legally recognized as a wife under the law. However, the court ruled that since the trial court did not explicitly state that Anita was not a wife, the maintenance order was valid.
Justice Ahluwalia referenced Section 125 of the Criminal Procedure Code (CrPC), which mandates that a person with adequate financial means must support his wife if she cannot sustain herself. The court applied this law to the case, stating that long-term cohabitation creates certain financial responsibilities, even without formal marriage.
Legal Implications
This ruling reinforces that women in long-term live-in relationships have legal rights to maintenance if they separate, especially when there is evidence of a committed relationship and shared responsibilities.
By expanding the interpretation of spousal financial rights, the Madhya Pradesh High Court has provided important legal protection for women who may not have formal marital status but have been in stable, long-term relationships.
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