Punjab & Haryana HC: “Wife” Must Be Interpreted Broadly for Granting Maintenance
The Punjab and Haryana High Court has ruled that the term “wife” should be interpreted in a broad sense to ensure women receive maintenance, even if the marriage is legally void or invalid.
Justice Harpreet Singh Brar observed that when two individuals live together as husband and wife after completing essential marriage rituals, the relationship must be recognized as one “in the nature of marriage” for the purpose of granting maintenance under Section 125 of the Criminal Procedure Code (CrPC).
The ruling came in a case where a woman sought maintenance despite the fact that her marriage with the respondent took place while his first marriage was still valid. The family court had earlier rejected her claim, stating that the relationship was only a live-in arrangement and not a valid marriage.
However, Justice Brar pointed out that both the petitioner and respondent had performed the marriage rituals and cohabited as husband and wife until 2015, when the respondent alleged that the woman herself entered into another marriage.
The Court clarified that the existence of a first marriage does not prevent a woman from claiming maintenance if she has lived with a man as his wife. The case was remanded back to the District Judge, Family Court, Barnala, to decide the amount of maintenance payable.
This judgment strengthens the rights of women, ensuring that technicalities around the validity of marriage cannot be used to deny them maintenance and protection under law.
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