Court Rules on Alimony Claims for Women in Unofficial Relationships

High Court's Stance on Alimony Claims

The Allahabad High Court has ruled that a woman cannot claim alimony under Section 125 of the CrPC if she has not divorced her husband, regardless of how long she has spent with another man.

The court clarified, "Even if it is assumed that a marriage ceremony took place, it would still be invalid as the petitioner's previous marriage remains intact. Therefore, she cannot claim alimony based on a long-term relationship."

Justice Madan Pal Singh's bench stated, "If society permits such arrangements where a woman is legally married to one man but lives with another without a divorce, it would undermine the sanctity and purpose of Section 125, and the institution of marriage would lose its legal and social integrity."

In this case, the woman approached the High Court against a district court's order, which had also denied her alimony.

Dismissing the revision petition, the court noted, "Although the petitioner has lived with the respondent for nearly ten years and this relationship may appear marital, such cohabitation does not grant her the legal status of a wife under Section 124."

The petitioner's lawyer argued that the woman's name is recorded as the respondent's wife in official documents like her Aadhaar card and passport, and she is recognized as such in society. He claimed that the respondent and his sons subjected her to cruelty and harassment, leading to her eviction in March 2018, which forced her to seek alimony under Section 125.

In its decision on December 8, the court stated that the petitioner does not fall under the legal definition of a married wife under Section 125, thus rejecting her alimony claim.