Women in live-in relationship for long time should get financial assistance after breakup: Madhya Pradesh High Court
Bhopal: In a recent hearing, Madhya Pradesh High Court said that a woman living with a man for a considerably long period of time is entitled to financial assistance on separation even if they were not legally married.
A bench of Justice JS Ahluwalia made the statement while dismissing a petition by a man, who was ordered to pay a monthly allowance of Rs 1,500 to the woman he had lived with.
Reportedly, petitioner Shailesh Bopche lived with respondent Anita Bopche and the couple had a child together.
Shailesh Bopche filed petition challenging the trial court’s order to pay an allowance to Anita on the ground that she could not prove if they had got married in a temple. The court also provided a finding that the marriage between Shailesh and Anita did not happen at a temple.
However, as the couple had a child together, the trial court said she was entitled to a monthly allowance.
Following this, the Madhya Pradesh High Court said that the Trial Court did not commit any mistake by awarding maintenance. “Since the applicant and respondent were residing as married couple 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 HC said.
It is worth mentioning here that, Section 125 of CrPc states that if a person with adequate means, refuses to maintain his wife, who is unable to maintain herself, then such a person would be required to pay a monthly allowance.
Ms Kalinga