The Allahabad High Court refused to grant protection to a live-in couple, citing the woman’s existing marriage and short cohabitation. The court ruled that the relationship was illegal, leading to the petition’s dismissal.
The Punjab and Haryana High Court has emphasized that the term “wife” should be interpreted broadly for maintenance purposes, even in cases where a marriage might be legally invalid. Justice Harpreet Singh Brar clarified that a relationship “in the nature of marriage” is sufficient for claiming maintenance under Section 125 of the CrPC, and the subsistence of a previous marriage does not bar such claims. The court has remanded the matter to determine the maintenance amount.
The Allahabad High Court denied protection to a live-in couple on the grounds that the woman was already married and their cohabitation period was short. The court stressed that the petition sought to legitimize an illegal relationship.
The Supreme Court ruled that infidelity alone does not justify a paternity test. Legitimacy is presumed if husband and wife cohabit and no impotency is proven, ensuring the child’s well-being is prioritized.
The Punjab and Haryana High Court expands the definition of “wife” to include relationships resembling marriage for maintenance purposes, even in cases of void or invalid marriages.
