Allahabad High Court on Long Cohabitation & Maintenance Under Section 125 CrPC

The Allahabad High Court ruled that long cohabitation with a second partner does not entitle a woman to claim maintenance under Section 125 of the Criminal Procedure Code if her first marriage is legally subsisting. The Court reiterated that Section 125 is a welfare provision meant to prevent destitution, but it does not override personal law requirements governing valid marriage. The Bench clarified that a relationship cannot be elevated to the status of marriage merely on the basis of prolonged cohabitation when the first marriage has not been dissolved through lawful means. The ruling reinforces the legal principle that maintenance rights under Section 125 CrPC are contingent upon the existence of a legally valid marital relationship, thereby drawing a clear boundary between social relationships and legally recognised marriages.