Woman in Long Live-In Relation Entitled to Maintenance on Separation, Rules Madhya Pradesh High Court

Bhopal: A woman who has lived a considerable long period of live-in relationship with a man time is entitled to maintenance on separation even if they were not legally married, ruled the Madhya Pradesh High Court.

A bench led by Justice JS Ahluwalia of the High Court dismissed a petition by a 38-year-old man, who was ordered by the trial court to pay a monthly allowance of Rs 1,500 to the woman with whom he was in long live-in relationship.

Petitioner Shailesh Bopche lived with respondent Anita Bopche, 48, and the couple also had a child together.

Shailesh Bopche challenged the trial court’s order to pay an allowance to Anita on the ground that she could not prove their marriage. But Anita had a child with Shailesh and the trial court said she was entitled to an allowance.

Upholding the trial court’s order, Justice Ahluwalia noted that the only “bone of contention” of the applicant’s (Shailesh Bopche) lawyer is that since the “respondent is not the legally wedded wife, (the) application under Section 125 of CrPc is not maitainable”.

“Since the applicant and respondent were residing as husband and wife for a considerable long time and in absence of any specific finding by the Trial Court that respondent is not a legally wedded wife of the applicant, this Court is of considered opinion that the Trial Court did not commit any mistake by awarding maintenance to the respondent under Section 125 of CrPC,” the Madhya Pradesh High Court said.