CG High Court Verdict: The Chhattisgarh High Court made a significant observation in a case related to the Protection of Women from Domestic Violence Act, 2005. The Court stated that if a man and a woman live together as husband and wife for a long period, the woman may fall within the ambit of a “domestic relationship” and, depending on the circumstances, be entitled to maintenance. The mere argument that the marriage was not legally valid does not extinguish the woman’s right. A single bench led by Chief Justice Ramesh Sinha upheld the order passed by the JMFC court granting the woman monthly maintenance of ₹4,000. The Court dismissed the man’s revision petition.
Man Argued Marriage Was Not Valid
In this case, the man had filed a petition in the High Court challenging the lower court’s order. He argued that the woman in question was not his legal wife and that the two were not currently living together. On this basis, he challenged the order directing him to pay maintenance to the woman.
Lived Together for a Long Time Without Marriage
The case involves Niranjan Sahu, a resident of the Pamgarh area in Janjgir-Champa, and a woman from Bilaspur. The two had been living together for a long period without a formal marriage. The woman had sought maintenance by filing an application under Section 12 of the Protection of Women from Domestic Violence Act in the court of the JMFC, Bilaspur.
JMFC Fixed Monthly Maintenance at ₹4,000
After hearing the woman’s petition, the JMFC court ordered the payment of ₹4,000 per month as maintenance. The man filed a revision petition against this order. Subsequently, the matter reached the High Court, challenging the decision made by the Special Judge as well.
Such a Relationship Can Fall Under the Scope of ‘Domestic Relationship’
The High Court clarified that a relationship cannot be viewed solely on the basis of the validity of the marriage. If a man and a woman have lived together as husband and wife for a long period and their relationship is in the nature of a domestic relationship, the woman may be considered eligible for the protection and relief available under the relevant law.
High Court Dismisses Revision Petition
A single bench led by Chief Justice Ramesh Sinha upheld the lower court’s order awarding monthly maintenance of ₹4,000. The Court dismissed the man’s revision petition. This ruling clarifies that a woman’s rights in a long-term relationship resembling a marriage cannot be denied solely on the grounds that there was no valid marriage.
