Channmuniya vs. Virendra Kumar Singh Kushwaha || Case Summary || (2011) 1 SCC 141 || Maintenance Rights

Maintenance Rights

FACTS

Channmuniya and Virendra Kumar Singh Kushwaha lived together as husband and wife for 18 years after a ceremony in 1996, following the death of Virendra’s first wife (Channmuniya’s sister). They had a child together. Virendra later denied the marriage, claiming no legal ceremony occurred, and refused to provide maintenance. Channmuniya filed for maintenance under Section 125 CrPC. The Family Court and High Court rejected her claim, stating she wasn’t a legally wedded wife.

ISSUES

1. Can a woman in a long-term live-in relationship be entitled to maintenance under Section 125 CrPC?

2. Does the term “wife” in Section 125 CrPC include women in relationships in the nature of marriage?

RELEVANT LAWS

1. Section 125 of the Code of Criminal Procedure (CrPC), 1973: Provides for maintenance to a wife, children, and parents unable to support themselves, aiming to prevent destitution.

2. Section 2(f) of the Domestic Violence Act, 2005: Defines a “domestic relationship” to include relationships in the nature of marriage, offering broader protection to women.

3. Article 21 of the Indian Constitution: Ensures the right to life with dignity, which includes economic support for vulnerable persons.

   
   

JUDGEMENT

The Supreme Court in Channmuniya vs. Virendra Kumar Singh Kushwaha held that a woman in a long-term live-in relationship, resembling a marriage, is entitled to maintenance under Section 125 CrPC. The Court interpreted “wife” broadly to include such relationships, emphasizing social justice and the prevention of destitution. It recognized their 18-year cohabitation and child, remanding the case to the Family Court to award maintenance, thus expanding the scope of maintenance laws.

Vinita Pathak