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Saturday, February 15, 2025

No Legal Marriage Proof? Woman Still Gets Maintenance from Ex-Live-in Partner

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Woman Gets Monthly Payment from Live-in Partner After Separation

In an important ruling, the Madhya Pradesh High Court said that a woman living with a man for a long time is entitled to get maintenance (monthly payment) from him even if they were not legally married.

The case involved 38-year-old Shailesh Bopche and 48-year-old Anita Bopche, who lived together and had a child. However, Anita could not prove that they got married in a temple.

The lower court had ordered Shailesh to pay Anita a monthly allowance of Rs 1,500. Shailesh challenged this order, arguing that Anita was not his legally wedded wife.

The High Court dismissed Shailesh’s petition and upheld the lower court’s order. Justice JS Ahluwalia observed that the only issue was whether Anita, being not legally married, could seek maintenance under Section 125 of the CrPC (Code of Criminal Procedure).

Section 125 says that if a person with sufficient means refuses to maintain their wife (who cannot maintain herself), they must pay a monthly allowance.

The High Court noted that the lower court did not specifically state that Anita was not Shailesh’s legally wedded wife. Since they had lived together as husband and wife for a long time and had a child, the court ruled that Anita was entitled to maintenance under Section 125.

This judgment highlights that long-term live-in relationships can be considered similar to marriage when it comes to the woman’s right to maintenance after separation, even without legal marriage proof.

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