Concept of wife does not include live-in-relationship
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 'live-in' 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. 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.
Jharkhand High Court
Vineeta Devi -- -- -- -- -- -- -- -- -- vs Unknown on 25 April, 2011
