Punjab & Haryana HC: Wife Can Claim Maintenance Even if Marriage is Invalid
In a significant ruling, the Punjab and Haryana High Court has stated that the term “wife” should be interpreted broadly to ensure women receive maintenance, even if their marriage is void or legally invalid.
Justice Harpreet Singh Brar emphasized that if a couple has lived together as husband and wife after completing essential marriage rituals, the court must assume the existence of a marital relationship for maintenance purposes.
Key Takeaways from the Judgment
- Even if a woman’s marriage is not legally valid, she can still claim maintenance under Section 125 of the CrPC.
- If a couple has cohabited as husband and wife, the court will infer a relationship in the nature of marriage.
- A subsisting first marriage does not stop a woman from seeking maintenance if she was living with another man as his wife.
Case Background
The ruling came in a case where a woman sought maintenance from her husband, but the family court denied her claim, stating that the couple was in a live-in relationship, not a legally valid marriage.
However, Justice Brar noted that both the petitioner (wife) and the respondent (husband) had performed marriage rituals, suggesting they cohabited as husband and wife until September 2015, when the husband claimed to have discovered that the petitioner had married someone else.
Family Court Ordered to Review Maintenance Amount
Before concluding, Justice Brar sent the case back to the District Judge, Family Court, Barnala, instructing them to decide the amount of maintenance the wife should receive.
This ruling strengthens the rights of women in cohabiting relationships, ensuring they are not left without financial support due to legal technicalities surrounding marriage validity.
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