The Supreme court on October 30, 2018, in the case of
Lalita Toppo v. State of Jharkhand and Anr., observed that the live-in partner is entitled to seek maintenance under the provisions of
Domestic Violence Act, 2005.
A three-judge Bench consisting of
CJI Ranjan Gogoi,
Justices U.U. Lalit and K.M. Joseph was considering the questions referred to it by a two-judge Bench of Justices T.S. Thakur and Kurian Joseph in the same case earlier on November 24, 2015. Prior to that, the Jharkhand High Court had held that under
Section 125 of the Code of Criminal Procedure, 1973, a women cannot claim maintenance from a person with whom she is not legally married.
The apex court in its latest judgement observed that though the appellant is not a legally wedded wife and thus cannot claim maintenance u/s 125 Cr.P.C., she can seek maintenance under the provisions of the
Protection of Women from Domestic Violence Act, 2005. “
Economic abuse also constitutes domestic violence,” the court observed. The appellant, in this case, was in a live-in relationship out of which she also had a child. The couple then fell apart and the appellant sought maintenance from her partner which the Family Court at Gumla allowed, awarding Rs. 2000 p.m. towards her and Rs. 1000 towards the child. Aggrieved by this order, her partner approached the High Court of Jharkhand which held the family court’s verdict to be erroneous. The appellant then approached the apex court assailing the correctness of HC’s order. A two-judge bench of the top court, taking into account three of its earlier cases viz.
Chanmuniya v. Virendra Kumar Singh Kushwaha and Anr.,
Yamunabai Anantrao Adhav v. Anantrao Shiv Ram Adhav and Anr.and
Savitaben Somabhai Bhatiya v. State of Gujarat and Ors.formulated three questions and referred them to a larger bench. The three questions were:
- Whether the living together of a man and woman as husband and wife for a considerable period of time would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to seek maintenance under Section 125 Cr.P.C?
- Whether a strict proof of marriage is essential for a claim of maintenance under Section 125 Cr.P.C. having regard to the provisions of the Domestic Violence Act, 2005?
- Whether a marriage performed according to the customary rites and ceremonies without strictly fulfilling the requisites of Section 7(1) of the Hindu Marriage Act, 1955, or any other personal law would entitle the woman to maintenance under Section 125 Cr.P.C.?
A three-judge bench though declined to answer the questions saying that in its view the questions do not require any answer and directed the appellant to approach the appropriate forum under the
Domestic Violence Act, 2005.
"No Material to Link Him to Al-Qaeda": Jharkhand High Court Grants Bail to Maulana, Who Was In Prison For More Than One Year Under UAPA Charges
Judiciary
Nov 18, 2020
Atharwa Gauraha
(
Editor: Ekta Joshi
)
7 Shares
On Tuesday (03 November) the Jharkhand High Court granted bail to a Maulana KalimuddinMuzahiri, who had been registered under the strict anti-terror UAP Act, for his alleged involvement in Al-Qaeda activities. In its order, the Bench of Justice Kailash Prasad Deo observed, "No material has been collected with regard to the involvement of the petitioner in any activities of Al-Qaeda outfit nor the Investigating Officer has collected any material with regard to the money given to this...
Premises Can't Be Sealed by Authorities for An Unreasonably Long Period Than What Is Necessary: Jharkhand HC
Judiciary
Sep 22, 2020
ROCKY DAS
(
Editor: Ekta Joshi
)
8 Shares
A single bench of Justice Rajesh Shankar of Jharkhand High Court was hearing a writ petition filed up by the Owner of “The Alcor Hotel” of Jamshedpur in regards to quashing the seal order upon the hotel made by the Sub Divisional Magistrate of Dhalbhum, Jamshedpur in reference to the FIR lodged on 25th April 2020 against the property for violating the guidelines of Lockdown made by the government.It was mentioned in the FIR that during the pandemic, while the government has announced...
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