Woman in Customary Cohabitation Entitled to Maintenance Under Section 125 CrPC: Patna High Court

The Patna High Court held that a woman in a long-term, customary relationship with cohabitation, social acceptance, and children is entitled to maintenance under Section 125 CrPC. 

The petitioner, a pardanashin woman, claimed she married her deceased husband’s younger brother in 2010 as per levirate custom prevalent in their community, and had two sons from the union. 

She alleged that he, being a constable in Bihar Police, abandoned her and the children six years ago and has since failed to provide any maintenance.

Husband sought dismissal of the petition on the ground of prohibited degrees of relationship. The Court said strict proof of marriage isn't needed under Section 125 and remanded the case for fresh consideration.