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Live-in-relationship

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      Giga
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      Whether live-in-relationship concept could be taken into consideration for granting relief? No
      Vineeta Devi v. Bablu Thakur and anr. (2013 (1) Crimes 221 (Jhar.))

      D.K. SINHA, J.

      In view of that matter, the statutory provision, by which the “wife” has been defined in terms of
      Section 125 of the Code of Criminal Procedure, cannot be liberalized. The statute sanctions that an
      illegitimate child from the father is entitled for maintenance but such sanction of maintenance has not been provided under law in respect to a woman not lawfully married with a person.
      Petitioners claim that she got married to opposite party after death of her first husband –Family
      Court dismissed maintenance petition or finding that petitioner failed to proved she was legally wedded wife of respondent –Revision –Petitioner failed to prove the fact of her marriage with respondent.

      Having regard to the facts and circumstances of the case, I find that the counsel for the petitioner has argued consistently on the ‘live-in’ relationship between the petitioner and the opposite party, though the petitioner claimed in the proceeding for maintenance that she was legally married to the opposite party in temple after the death of his first husband, but the same which was the issue on facts could not be proved.

      No evidence could be adduced in support of valid marriage between the parties and that the concept of ‘livein’ relationship in the background of Indian culture and society, sanction of such relationship is yet to interpret by the Larger Bench of the Apex Court.

      Learned Principal Judge, Family Court, Dhanbad by his order impugned has held that the petitioner
      Vineeta Devi was not legally married wife of the opposite party Bablu Thakur, hence, petition filed on behalf of the petitioner Vineeta Devi for her maintenance under Section 125 of the Code of Criminal Procedure was not maintainable.

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