The Punjab and Haryana High Court recently ruled that the term “wife” must be interpreted broadly to ensure maintenance is provided, even in cases where a marriage is deemed void or legally invalid. Justice Harpreet Singh Brar emphasized that courts should recognize relationships “in the nature of marriage” for the purpose of maintenance, particularly when the couple has cohabited as husband and wife after performing essential marriage rituals.
The court clarified that the existence of a previous marriage does not stop a woman from claiming maintenance under Section 125 of the Criminal Procedure Code (CrPC) if she has lived with a man as his wife. The ruling was made in a case where the couple’s marriage was solemnized while the husband’s first marriage was still valid. The family court had previously ruled that the woman was not entitled to maintenance, claiming that the couple was in a live-in relationship rather than a valid marriage.
However, Justice Brar, after reviewing the case, found that both parties had performed the necessary marriage rituals, which implied they had lived as husband and wife until 2015, when the husband claimed to have discovered the second marriage. The High Court sent the case back to the District Judge, Family Court, Barnala, to decide the amount of maintenance to be awarded.
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