If a woman is in a live-in relationship with a man for a very long period just like a husband and wife is unable to carry on separation even if they were not lawfully married, said the Madhya Pradesh High Court.
A form of Justice JS Ahluwalia made the declaration while realizing a petition by a 38-year-old man, who was instructed by the tribunal court to pay a monthly portion of Rs 1500 to the woman he had been with for some time in a live-in relationship.
Petitioner Shailesh Bopche who lived with the opponent Anita Bopche, they a live-in relationship together and also had a child together. Shailesh Bopche dared the trial court’s instruction to pay the payment to AnitaBopche on the ground so that she could not show if they had got married. The tribunal court has also given an outcome that the wedding of Shailesh and Anita occurred at a temple. Because Anita had a Child with Shailesh, the court has said that she was enable for the allowance in a live-in relationship.
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The Court has not provided a particular result that the opponent is not the legally married wife of the candidate. However, the results are that the respondent could not show the ritual as well as the truth that the marriage was executed in the temple but later on the court set a result that since the candidate and opponent were living in a live-in relationship as husband and wife for a significantly long time in a live-in relationship and the opponent has also given the birth to the child, thus respondent is enabled for the maintenance, the court gas given his order by saying this.
Confirming the court order, Justice Ahluwalia renowned that the only body of dispute of the candidate’s lawyer is that since the opponent is not the lawfully married wife, the application under the 125 section of CrPc does not continue.
Particularly, CrPc under Section 125 states that if an individual in the live-in relationship with sufficient means, declines to continue his wife, who is not able to maintain herself, such an individual would be essential to pay a monthly payment.
Since the application and opponent have in as husband and wife for a significantly long period and in the absence of any particular answers by the trial court that the opponent is not lawfully married wife of the applicant, this court is of
appraise judgment that the court did not perform any error by giving conservation to the opponent under CrPr Section 125 of the Madhya Pradesh High Court.
