Adversitement
Madhya Pradesh High Court Rules Woman Entitled to Maintenance Even Without Legal Marriage
Published On : 2024-04-07T13:42:18+0530 [ IST ] |
Author : Mayur_Tembhare
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The Madhya Pradesh High Court dismissed the man's petition in the case
India / Madhya Pradesh :
The Madhya Pradesh High Court has affirmed a significant ruling by a trial court, asserting that a woman cohabitating with a man for an extended period is entitled to maintenance upon separation, irrespective of their legal marital status.
In a recent judgment, Justice JS Ahluwalia of the Madhya Pradesh High Court dismissed a petition filed by a 38-year-old man, Shailesh Bopche, who contested a trial court's order mandating him to provide a monthly allowance of Rs 1,500 to Anita Bopche, with whom he had cohabitated.
Shailesh Bopche, the petitioner, challenged the trial court's decision on the grounds that Anita failed to prove a legal marriage between them, as no evidence was presented regarding a temple wedding. However, since Anita bore a child with Shailesh, the trial court deemed her eligible for maintenance despite the absence of a formal marriage ceremony.
Justice Ahluwalia, upholding the trial court's ruling, emphasized that the crux of the petitioner's argument rested on Anita's purported lack of legal wife status, rendering her ineligible for maintenance under Section 125 of the Criminal Procedure Code (CrPC).
Section 125 of CrPC stipulates that if an individual, with sufficient means, neglects to maintain his wife who is unable to support herself, he is obligated to provide a monthly allowance.
The High Court underscored that Shailesh and Anita had cohabitated as spouses for an extended duration, and in the absence of a specific determination by the trial court negating Anita's legal wife status, the maintenance granted under Section 125 of CrPC was justified.
The ruling underscores the principle that cohabitation and parenthood establish a basis for entitlement to maintenance, regardless of the absence of a formal marriage ceremony.
Source : Trail Court Madhya Pradesh
Tags : Maintenance , trial court , Madhya Pradesh High Court , Section 125 of CrPC , legal marriage , cohabitation , ruling ,
Summary : The Madhya Pradesh High Court has upheld a trial court's decision to grant maintenance to a woman who lived with a man for a significant period, despite lacking legal marriage. The ruling emphasizes that cohabitation and parenthood entitle a woman to maintenance under Section 125 of the Criminal Procedure Code (CrPC), even in the absence of formal marriage.
Adversitement