Murti Devi & Anr. v. Balkar Singh, 2025
The ruling emphasizes the legal inconsistency in claiming a spousal relationship under Section 125 Cr.P.C. when the same relationship was the basis for a rape conviction.
Judgement Details
Court
High Court of Jammu & Kashmir and Ladakh
Date of Decision
2 October 2025
Judges
Justice Vinod Chatterji Koul
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The petitioner (Murti Devi) claimed she had been in a live-in relationship with the respondent for 10 years and they had a child together.
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She sought interim maintenance under Section 125 Cr.P.C., asserting she cohabited with the respondent as his wife and was promised marriage.
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The respondent was convicted under Section 376 IPC (rape) based on her complaint.
Issues
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Whether a woman in a live-in relationship, who was the complainant in a rape case, can claim maintenance under Section 125 Cr.P.C.?
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Whether the conviction of the respondent for rape invalidates the woman’s claim to be treated as a wife under the law?
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Whether the child born out of such a relationship is entitled to maintenance?
Held
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Petitioner no.1 (Murti Devi) is not entitled to interim maintenance under Section 125 Cr.P.C.
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The relationship cannot be simultaneously treated as consensual (for maintenance) and non-consensual (rape) for the purpose of criminal conviction.
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Maintenance for the minor child was not disturbed and remains payable by the respondent.
Analysis
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The ruling emphasizes the legal inconsistency in claiming a spousal relationship under Section 125 Cr.P.C. when the same relationship was the basis for a rape conviction.
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The Court rightly pointed out that a rape conviction negates mutual consent, and therefore, disqualifies the petitioner from seeking spousal benefits such as maintenance.
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The minor child’s rights, however, are preserved, reflecting the child-centric focus of the law.
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"As the respondent was admittedly charged with an offence punishable under Section 376 IPC on the complaint of the petitioner, they cannot be treated as husband and wife for claiming maintenance under Section 125 Cr.PC."
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"Living together as husband and wife and having cohabited for years would negate the offence of rape. The presence of a rape conviction implies that this relationship was not consensual, and hence cannot co-exist with a claim for spousal maintenance."