Allahabad High Court: No Maintenance for Woman in Live-In Relationship if First Marriage Still Valid
Court says Section 125 CrPC protects only legally wedded wives
Ruling highlights sanctity of marriage and limits of live-in rights
By Our Legal Reporter
New Delhi: December 17, 2025:
In a significant judgment, the Allahabad High Court has held that a woman cannot claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) from a partner with whom she cohabits if her first marriage is still subsisting. The Court clarified that even long-term cohabitation resembling marriage does not confer the legal status of a “wife” when the woman remains married to another man.
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This ruling, delivered by Justice Madan Pal Singh, has sparked debate on the balance between protecting women in vulnerable relationships and preserving the sanctity of marriage under Indian law.
Background of the case
- The woman had filed a revision petition seeking maintenance from her live-in partner under Section 125 CrPC.
- Her first marriage, however, had not been legally dissolved.
- The family court at Kanpur Nagar had earlier rejected her plea, and she approached the High Court challenging that order.
The High Court dismissed her petition, upholding the lower court’s decision.
Court’s observations
Justice Madan Pal Singh made several important points:
- Legal status of wife: Section 125 CrPC is designed to protect legally wedded wives, children, and parents from destitution. A woman whose first marriage is still valid cannot be treated as a “wife” in law for claiming maintenance from another partner.
- Sanctity of marriage: Allowing maintenance claims in such cases would dilute the institution of marriage and undermine its legal and social integrity.
- Live-in relationships: While courts have recognized certain rights for women in live-in relationships, those rights do not extend to women who are already married to someone else.
- Ethical foundation: The Court stressed that permitting such claims would erode the ethical and cultural foundation of Hindu family law.
Legal significance
This ruling reinforces the principle that maintenance under Section 125 CrPC is available only to legally wedded wives. It draws a clear line between live-in relationships and subsisting marriages.
- For married women: They must first dissolve their existing marriage legally before seeking maintenance from another partner.
- For live-in partners: Rights under domestic violence laws or civil remedies may exist, but Section 125 CrPC cannot be invoked if a prior marriage is valid.
- For courts: The judgment provides clarity in handling maintenance petitions where marital status is disputed.
Wider implications
The ruling has implications for family law and social practices:
- Protection vs. sanctity: It highlights the tension between protecting women in vulnerable relationships and preserving the sanctity of marriage.
- Legal clarity: It prevents misuse of Section 125 CrPC by individuals who remain married but seek maintenance from another partner.
- Social debate: The judgment may spark discussions on whether laws should evolve to protect women in complex relationships, especially where they are abandoned or exploited.
Reactions and commentary
Legal experts note that the judgment is consistent with earlier Supreme Court rulings that define “wife” strictly under Section 125 CrPC. However, women’s rights activists argue that it leaves women in live-in relationships vulnerable if they are unable to dissolve their first marriage due to social or financial constraints.
Some commentators suggest that Parliament may need to revisit maintenance laws to address modern realities of relationships, while others welcome the ruling as a safeguard for the institution of marriage.
Conclusion
The Allahabad High Court’s ruling underscores that long cohabitation or live-in relationships cannot override the legal requirement of marriage under Section 125 CrPC. For women seeking maintenance, the first step must be the legal dissolution of any subsisting marriage.
This judgment strengthens the sanctity of marriage in Indian law while also raising questions about how to protect women in non-traditional relationships.
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