The High Court of Jammu & Kashmir and Ladakh at Jammu, presided over by Justice Vinod Chatterji Koul, dismissed a petition challenging the order of the Principal Sessions Judge, Kathua, which had set aside interim maintenance granted to a woman under Section 125 CrPC.
The petitioner had claimed interim maintenance for herself and her child, asserting that she had lived in a live-in relationship with the respondent for nearly a decade. The trial Magistrate had initially awarded her Rs. 2,000 per month and her child Rs. 1,000 per month. However, the Revisional Court, noting that the respondent had been convicted for rape on her complaint, held that the relationship could not be treated as a marital one for the purposes of claiming maintenance and accordingly quashed the grant of interim relief to her while upholding maintenance for the child.
The High Court agreed with the Revisional Court’s reasoning, observing that a woman cannot simultaneously allege rape and claim the status of a wife, as the very conviction under Section 376 IPC negates the existence of a consensual relationship akin to marriage. It held that no illegality had been committed by the Sessions Court in denying interim maintenance to the petitioner and dismissed her plea as meritless.
Appearances:
Petitioner/Appellant: Mr. Surjeet Singh Andotra, Advocate
Respondent: Ms. Pariksha Parmar, Advocate.
