live in partner and crpc 125

Originally posted by : Deepak Aggarwal
	we both are divorcee , and started living together through garland exchange in a room. a child is born , but I had intimated with her once only. I have doubt that child is not mine. later I came to know she had intimated with other guys . after it she filed 498A /406/323/341 against my family. I m only facing trials of it. now she is filled crpc 125 what to do please suggest me.

You also experienced player, she is also experienced player.  Did you not know that she slept with you so that she can  produce child from you so that she can claim rent, maintenance and alimony for child from you?

You say you are divorcee (experienced).  Dont you know the drill? of 125 crpc case?
Pay money, secure loan to pay money, act like a beggar, tell that you have lost your job, tell that she is educated woman hence she does not deserve to be paid alimony?

All that ok, but why did you leave your handkerchief ? Now for this handkerchief you will have to run around for not paying alimony to lawyers office, court.  Go in the hiding.

323 Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

498a wont apply as marriage has not taken place. But 493 applies for conducting mock marriage.

406 Section 406 lays down the punishment for Criminal breach of trust which is defined in section 405 of the IPC. The section reads as follows: “Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.”

341 Section 341 in The Indian Penal Code. 341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

When you did mock marriage with her, why did you accept notice from court, police? Did you not learn any lesson from debacle no. 1 that you ventured dancing into  debacle no. 2?

God knows what will happen to that new born. !

Hire good lawyer, or go hiding.  You know the drill. 

and also never post such sensitive issues in open forum with your full name and identity.

If it could be established that the relationship has been just 'live-in' proceedngs under 498A IPC and 125 CrPC are inappropriate.

Originally posted by : P. Venu
	If it could be established that the relationship has been just 'live-in' proceedngs under 498A IPC and 125 CrPC are inappropriate.

125 crpc holds good.  Your advice is wrong.

With due apologies to learned expert Shri Martin, the following extract would, in my understanding, throw more light on the issue.

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC 

 ‘In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.’ The Supreme Court observed that a live-in partner can seek maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005.' 

A three-judge bench comprising CJI Ranjan Gogoi, Justice Uday Umesh Lalit and Justice KM Joseph was considering the questions referred to it in Lalita Toppo vs. State of Jharkhand. The Reference Before the apex court, an order of Jharkhand High Court, which held that Section 125 CrPC does not provide for the grant of maintenance to a woman who is not legally married to the person to whom such maintenance is claimed, was assailed. In this case, it was admitted that it was a live-in relationship. 

 A two-judge bench, comprising Justice TS Thakur and Justice Kurian Joseph, referred the following questions to a larger bench: 

- 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 maintenance under Section 125 CrPC?

- Whether strict proof of marriage is essential for a claim of maintenance under Section 125 CrPC 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 CrPC? 

The questions referred would not require any answer

Referring to provisions of Domestic violence Act, the bench observed that the petitioner, in this case, would have an efficacious remedy to seek maintenance under the Act even assuming that she is not the legally wedded wife and, therefore, not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. It also said that economic abuse also constitutes domestic violence as per the provisions of the Act. In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also, the court said. Declining to answer the questions referred to it, the bench said: “The questions referred to us by the Referral Order were formulated on the basis of the decisions of this court rendered in Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav and another and Savitaben Somabhai Bhatiya vs. State of Gujarat and others which were rendered prior to the coming into force of the DVC Act, 2005. In view of what has been stated herein before, it is, therefore, our considered view that the questions referred would not require any answer.” 

The bench disposed of the appeal directing the appellant to approach the appropriate forum under the provisions of the Domestic Violence Act.