Leader Online Desk: The Madhya Pradesh High Court has upheld the decision of the Sessions Court that if a woman breaks up after living in a live-in relationship, she will have to pay alimony. The Sessions Court concluded that the man and the woman had been living as husband and wife for a long time. Justice Ahluwalia has said in his order that the woman has also given birth to a child from this relationship, therefore the concerned woman is eligible for maintenance.
Men and women lived as husband and wife. The woman also gave birth to a child in a live-in relationship. After this both started living independently. The woman claimed before the district court that we were married in a temple, but could not prove the marriage. The district court had ordered the woman to pay a monthly allowance of Rs 1,500. The husband had filed a petition in the High Court against this order. It was heard before the bench of Justice GS Ahluwalia.
A bench of Justice GS Ahluwalia said that the argument of the man in this case is that the woman is not legally his wife, hence the application for maintenance under Section 125 CrPC is not maintainable.
The Sessions Court has not established that the woman concerned is the married wife of the man. Also the woman concerned could not prove that the marriage took place in a temple; But the Sessions Court concluded that the man and the woman had been living as husband and wife for a long time. Justice Ahluwalia said in his order that the woman has also given birth to a child from this relationship, so she is entitled to maintenance.