Lawstreet Journal

A woman who lives like a wife cannot be deprived of maintenance: Tripura HC

Lawstreet Journal 9 Jul 2020 7:20pm

Image courtesy: Lawstreet Journal Judiciary A woman who lives like a wife cannot be deprived of maintenance: Tripura HC

A woman who lived like a wife and in perception was treated like a wife cannot be deprived of maintenance, the Tripura High Court held.

Such a woman also has a right to live in the society with dignity and Section 125 of the Code of Criminal Procedure (CrPC) must be interpreted considering the legislative changes which deal with the changing reality of the man-woman relationship.

Here, a petition was filed by the husband stating that the woman asking for maintenance from him had married him while his spouse was alive and thus the marriage between them was not legal and she was not his wife. The observation made by the Family Court was that the marriage was proved by evidence, even though the husband had a living spouse at the relevant point of time, but the fact was grossly suppressed from the woman at the time of marriage. The Court observed that the husband cannot be allowed to use his wrong for his advantage. 

It was argued before the High Court that woman except one who is legally married could not be included in the class of ‘wife’ for purpose of Section 125(1) of CrPC.

The Court also noted the concept of maintenance as under the Protection of Women from Domestic Violence Act, 2005.

It says- “A woman who lived like a wife and in perception was treated as the wife cannot be deprived of maintenance. For this purpose, a co-terminus provision for granting maintenance may be looked into and uniformity in the definition… Continue Reading...


Tagged: Wife Maintenance  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.