IMPORTANT POINT
Maintenance – Woman having live-in-relationship and is not legally wedded wife is entitled for interim maintenance under S.125 CrPC.

Jaishree Thakur, J.

Aggrieved against the order dated 4.5.2015, passed by the learned District Family Court, Gurgaon, granting interim maintenance @ Rs. 20,000/- per month to respondent No.1 and Rs. 10,000/- per month each to the two children, this revision petition has been preferred.

2. In brief the facts, as alleged by respondent No.1, are that respondent No.1 came to know the petitioner in the year 2007, while still being married to one Gaurav Sharda. The petitioner herein projected himself to be a divorcee and expressed his willingness to get married to the respondent/complainant. The petitioner herein and respondent No.1 started residing together, out of which relationship, the respondent No.1 bore him twins on 19.3.2011. While residing with the petitioner, respondent No.1 also obtained a decree of divorce from her previous husband under Section 13-B of the Hindu Marriage Act on 1.8.2011. The respondent No.1 herein requested the petitioner time and again to marry her but came to be informed that no such marriage could take place on account of the fact that the petitioner was still married and had not obtained a decree of divorce. Left with no option, respondent No.1 herein made a complaint to the police and after investigation, FIR No. 341 dated 26.1.2014 came to be registered under Sections 376 and 506 IPC.

3. It is also alleged that respondent No.1 had got Rs. 40 lakhs as permanent alimony from her previous husband, but the same has been misappropriated by the petitioner, who had taken a sum of Rs. 20 lakhs to make investment out of the same. Since, respondent No.1 had no independent source of income and that the petitioner had refused to marry her while abandoning the children born out of this relationship, she preferred a petition under Section 125 of the Code of Criminal Procedure (for short 'Cr. P.C.') on 28.1.2015, wherein the learned District Judge (Family Court) Gurgaon, awarded interim maintenance @ Rs. 20,000/- to respondent No.1 and a sum of Rs. 10,000/- each to the children from the date of filing of the petition i.e. 28.1.2015. At the same time, it was ordered that in order to settle the dispute between the parties with regard to the maintenance to an early date, the parties were directed to place on record evidence by way of affidavit supported by documents, if any.

4. The petitioner, who appears in person, argues that the impugned order, as passed, is wholly unsustainable on account of the fact that respondent No.1 herein is not entitled to maintenance under Section 125 of Cr.P.C. since said maintenance is only available to a destitute wife, or minor children. It is urged that in the instant case, the parties herein are not legally married and in fact, at best it can be called a live in relationship. It is also argued that without dealing with the issue whether or not there has been a valid marriage between the parties, the Family Court has awarded maintenance. It is further argued that respondent No.1 has been given Rs. 40 lakhs as permanent alimony by her previous husband and, therefore, she has adequate source of income to maintain herself. The petitioner relies on Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 to contend that until and unless there is a valid marriage, maintenance under Section 125 Cr.P.C. could not be maintained.

5. The petitioner also submits that respondent No.1 had got the petitioner arrested in the aforesaid FIR and he had been subjected to imprisonment and humiliation on this count. It is urged that none of these points were dealt with by the trial court while determining interim maintenance of Rs. 40,000/- per month payable to the respondent No.1 and the children.

6. Per contra, respondent No. 1, who appears in person, has vehemently argued that the impugned order does not suffer from vice since it is interim maintenance that has been awarded. She also argues that she cohabited with the petitioner and they lived together as husband and wife and in the eyes of Society she ap