In Brief
A woman seeking maintenance who is not legally wedded cannot claim maintenance under Section 125 of the Criminal Procedure Code but has a broader remedy under the Protection of Women from Domestic Violence Act, 2005. The Act recognizes economic abuse—including denial of financial resources—as domestic violence and entitles estranged wives and live-in-partners to maintenance and shared household access. The Court declined to answer referral questions based on pre-2005 precedent, instead directing the appellant to seek relief under the DVC Act, with an expedited hearing request.
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