When mistress can be held to be a member of decased tenant's family?

Mr. Bhatt also placed reliance upon the decision of this Court in case of Ramchandra G. Gharpure (since deceased, by heirs and legal representatives) and ors. vs. Madhav Dattatraya Phadke and ors.3 as well as another decisions, in which it has been  held that even a mistress can be held to be a member of the decased tenant's family.

Bombay High Court

Dharamvir Ishwarlal Joshi vs Jayant Ramchandra Patwardhan And ... on 21 August, 2015

Bench: M.S. Sonak

CIVIL REVISION APPLICATION NO. 225 OF 2015 ALONGWITH

CIVIL APPLICATION NO. 349 OF 2015

Citation;2016(1) ALLMR 140

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Whether faithful mistress can be granted permanent alimony?

For the reasons discussed above, we are of the view that observations of full bench of this High Court in Yamunabai's case, as confirmed by the Hon'ble Apex Court, although discussed in the matter of section 125 of Criminal Procedure Code, 1973, ought to apply with full force, even to the petition of similar nature under personal law of the parties. We are in respectful disagreement with view of Shah, J. in the matter of Krishnakant (supra) to that extent.
It is fundamental principle of law that in order to claim a relief from the Court of law, there must be a legal right based on a legal status. When the status of a woman as "wife" is not recognized by provisions of the Act, which confers the right for permanent alimony, she cannot be entertained for grant of relief in the absence of recognition of her status by the Act.
22. If the construction of word "wife" is not accepted uniformly, for the purpose of same remedy provided in special legislation (section 125 of Criminal Procedure Code, 1973) and personal law, anomalous position may occur. A woman who has been denied maintenance in a petition under section 125 of Criminal Procedure Code, 1973, for the reason that she is not "legally wedded wife" would successfully pray and obtain permanent alimony in total disregard of earlier judicial pronouncement, as also, provisions regarding legitimacy of marriage as contained in personal law.
23. Even while considering section to be a "welfare legislation", it cannot be ignored that such a liberal construction, although may benefit the second wives, who are drawn into the form of marriage by keeping them ignorant about illegitimacy of the same, may encourage bigamous marriages with full knowledge and in spite of existence of a legislation in the field, preventing bigamous marriages.
24. For the reasons discussed above, with due respect, it is held that the decisions of the Bombay High Court, upholding right of maintenance to "illegitimate wife" (or "faithful mistress") by liberal construction of word "wife" as contained in section 25 of HM Act, cannot be said to be a good law and are required to be overruled to that extent.

Bombay High Court

Bhausaheb @ Sandu S/O Raghuji ... vs Leelabai W/O Bhausaheb Magar on 7 July, 2003

Equivalent citations: AIR 2004 Bom 283, II (2004) DMC 321, 2003 (4) MhLj 1019

Bench: N Dabholkar, A Naik, N Patil

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