Allahabad High Court Stays Maintenance Order For Alleged Wife Without Legal Marriage

The Allahabad High Court stayed the execution of a family court order directing a husband to pay maintenance to an alleged wife who had not legally divorced her earlier husband and questioned her legal status as a wife.

The High Court issued notices to the alleged wife and her minor daughter. It directed them to file their replies within three weeks.

The court fixed the next hearing of the criminal revision petition for March 11.

Justice Madan Pal Singh passed the interim order while hearing a petition filed by Santosh Kumar.

The petitioner challenged the order of the Family Court, Chitrakoot. The family court had granted monthly maintenance to the woman and her child.

Counsels Jaideep Tripathi and Ajay Kumar Pandey appeared for the petitioner.

They argued that Ranno was not the petitioner’s legally wedded wife. They claimed the family court passed the maintenance order in violation of the law.

Marriage Status Under Scrutiny

The petitioner’s counsel stated that Ranno had earlier married Sharda Prasad.

She never obtained a legal divorce through a court. Despite this, she began living with the petitioner while projecting herself as his wife.

The woman later approached the family court under Section 125 of the Criminal Procedure Code.

Acting on her plea, the Principal Judge of the Family Court ordered the petitioner to pay Rs 2,000 per month to the woman and Rs 1,000 per month to the child as maintenance.

The petitioner challenged this order before the High Court. His counsel argued that a woman must be a legally wedded wife to claim maintenance under Section 125 CrPC.

He also submitted that the woman herself admitted the absence of essential marriage rituals.

According to the argument, the alleged marriage did not include the performance of ‘Saptapadi,’ a mandatory ritual under Hindu law.

Therefore, the relationship did not amount to a valid marriage.

The High Court found the issue legally debatable. It was observed that the matter required detailed examination.

The court stayed the operation of the family court’s order. It sought responses from the alleged wife and the child on the merits of the petition.

The interim relief provides temporary relief to the petitioner. The case will now proceed for final adjudication on the legality of the maintenance claim.

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