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Woman entitled to maintenance even if not legally wedded: Punjab and Haryana High Court

Saurabh Malik

Press Reporter News Service

Chandigarh, October 5

The Punjab and Haryana Excessive Courtroom has held {that a} girl is entitled to upkeep underneath the home violence Act even when she isn’t a legally wedded spouse. The Bench upheld a decrease court docket’s order granting interim upkeep to a lady, whose husband claimed she was not divorced from her first husband on the time of their wedding ceremony.

“The argument on which nice stress has been laid that the complainant isn’t a legally wedded spouse as on the date of marriage she was not divorced from her husband has no benefit,” Justice Jaishree Thakur dominated.

The matter was delivered to Justice Thakur’s discover after the ‘’husband’’ challenged the order dated July 22, 2019, handed by Fatehabad Judicial Justice of the Peace First Class, permitting interim upkeep to the woman-respondent underneath the provisions of the Safety of Ladies from Home Violence Act, 2005. He was directed to offer a month-to-month pay of Rs 25,000.

Justice Thakur asserted it was fascinating to notice that the Act was enacted to guard ladies from home violence occurring inside household. The assertion of the objections and causes seen that home violence was broadly prevalent and remained unaddressed. The present legislation gave safety to girl subjected to cruelty by her husband or his kinfolk, making it an offence underneath Part 498-A of the IPC. The Part by itself didn’t tackle the difficulty of home violence in its entirety. The Act got here into existence on this background to supply safety to ladies, who have been or had been in a relationship with an abuser, the place each events had lived collectively in a “shared family” and have been associated by consanguinity, marriage, via a relationship within the nature of marriage, adoption or have been members of the family dwelling collectively as a joint household. The suitable to say safety underneath the Act following home violence was not restricted solely to a spouse. Justice Thakur added an aggrieved individual underneath the Act had been outlined to imply any girl, who was or had been in a home relationship, alleging to have been subjected to any act of home violence. Home relationship too had been outlined as a relationship between two individuals, who lived or had, at any level of time, lived collectively in a shared family, after they have been associated by consanguinity, marriage or via a relationship within the nature of marriage and many others. “The query whether or not the wedding might be void is a matter of trial. Even when it’s so, there is no such thing as a dispute to the truth that until the time the complainant was residing with the petitioner, she was in a home relationship with him in a shared family,” stated Justice Thakur.

Home violence case

  • The husband within the case had challenged the order handed by Fatehabad Judicial Justice of the Peace First Class, permitting interim upkeep to the woman-respondent underneath the Safety of Ladies from Home Violence Act.
  • The person within the case argued that his spouse was not divorced from her first husband after they bought married. The HC, nevertheless, dominated that his argument had no benefit.

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