Woman Cannot Claim Maintenance From Live-In Partner Whom She Accused Of Rape, No Husband-Wife Relationship: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld the order of the Principal Sessions Judge, Kathua, which set aside the trial Magistrate's order granting interim maintenance to a woman petitioner who had been in a live-in relationship with the respondent. The respondent had been convicted under Section 376 IPC on her complaint.

A bench of Justice Vinod Chatterji Koul noted that petitioner no.1 was not legally married to the respondent and therefore could not claim maintenance under Section 125 Cr.P.C. The court observed that the trial Magistrate erred in granting interim maintenance to the petitioner despite the respondent's conviction for rape.

Petitioners Submissions

The petitioner contended that she had lived with the respondent for ten years, had a child with him, and had been assured of marriage which never took place. She argued that she was entitled to claim maintenance as they had cohabited as husband and wife.

However, the High Court noted that the respondent had been convicted under Section 376 IPC on her complaint, and therefore, the parties could not be treated as husband and wife for purposes of claiming maintenance. The Court emphasized that the relationship required for maintenance under Section 125 Cr.P.C cannot coexist with a criminal conviction for sexual assault in the same context.

Court Observations

The High Court upheld the Revisional Court's finding that petitioner no.1 is not entitled to interim maintenance. Maintenance awarded for the minor child (respondent no.2) under the previous orders remains unaffected.

"As the respondent was admittedly charged with an offence punishable under Section 376 IPC on the complaint of the petitioner, therefore, they cannot be treated as husband and wife for claiming maintenance under Section 125 Cr.PC. The relationship between the parties as husband and wife imposes an obligation on both to live together with each other as they were living as husband and wife and if they are living together as husband and wife and have lived years together, as such, then living together and cohabiting may not be an offence punishable under Section 376 IPC. The offence under Section 376 IPC would arise when such relationship is missing," the court held.

The Court found no irregularity or miscarriage of justice in the Revisional Court order.The order of the trial Magistrate granting interim maintenance to petitioner no.1 was set aside.

Case Title: Murti Devi & Anr v. Balkar Singh, 2025

Petitioners Through: Surjeet Singh Andotra, Advocate

Respondent Through: Pariksha Parmar, Advocate

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