Live-in relationship for long: Woman entitled to allowance 

A woman living with a man for a considerably long period of time is entitled to maintenance on separation even if they were not legally married, the Madhya Pradesh High Court has ruled.

Justice JS Ahluwalia made the statement while dismissing a petition by a 38-year-old man, who was ordered by the trial court to pay a monthly allowance of Rs 1,500 to the woman he had lived with.

Petitioner Shailesh Bopche lived with respondent Anita Bopche, 48, and the couple also had a child together. 

Shailesh Bopche challenged the trial court's order to pay an allowance to Anita on the grounds that she could not prove if they had got married in a temple. The trial court had also provided a finding that the marriage between Shailesh and Anita did not happen at a temple. However, as Anita had a child with Shailesh, the trial court said she was entitled to an allowance.

Upholding the trial court's order, Justice Ahluwalia noted that the only "bone of contention" of the applicant's (Shailesh Bopche) lawyer is that since the "respondent is not the legally wedded wife, (the) application under Section 125 of CrPc is not maintainable".

Notably, Section 125 of CrPc states that if a person with adequate means, refuses to maintain his wife, who is unable to maintain herself, then such a person would be required to pay a monthly allowance.

"Since the applicant and respondent were residing as husband and wife for a considerably long time and in the absence of any specific finding by the Trial Court that respondent is not a legally wedded wife of the applicant, this Court is of considered opinion that the Trial Court did not commit any mistake by awarding maintenance to the respondent under Section 125 of CrPC," the Madhya Pradesh High Court said.