The Jammu & Kashmir and Ladakh High Court recently 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 was convicted under Section 376 IPC on the woman's complaint. The bench of Justice Vinod Chatterji Koul clarified that a woman in a live-in relationship cannot claim maintenance under Section 125 CrPC if her partner is accused of rape, thereby lacking a husband-wife relationship. The case involved a woman who had accused her alleged live-in partner of rape. She filed a petition seeking interim maintenance for herself and her child. In her petition, the woman claimed that she had been living with the respondent as his wife for the last 10 years. She further claimed that the respondent had lured her by promising marriage and maintained physical relations with her, ultimately resulting in the birth of their child. Mother Can’t Be Denied Child Custody Merely Because She Is Not As Wealthy as Father, Says Jammu and Kashmir High Court; Quashes Srinagar Court’s Order.

Jammu and Kashmir High Court Sets Aside Trial Magistrate's Order Granting Interim Maintenance to a Woman

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