Srinagar- She spent a decade building a life with him. They shared a home, raised a child, and lived like husband and wife.

But when he refused to marry her, she turned to the courts, accusing him of raping her on the pretext of marriage.

The trial court convicted him under Section 376 of the Indian Penal Code.

After the conviction, she sought maintenance for herself and the child. A trial court granted ₹2,000 for her and ₹1,000 for the child. The man appealed.

Now, the High Court of Jammu and Kashmir and Ladakh upheld a sessions court decision overturning the order for her, while allowing support for the child to continue.

Justice Vinod Chatterji Koul wrote that a man convicted of rape on the promise of marriage could not simultaneously be forced to maintain the woman who secured his conviction.

“The fact that the respondent had been prosecuted and ultimately convicted makes it difficult to hold that he would be liable to maintain and pay expenses for her maintenance,” he said.

The woman had alleged that the man presented himself as unmarried, persuaded her into a relationship, and promised marriage.

In 2016, she gave birth to their child. When he refused to formalize their union or accept the child as legitimate, she filed a complaint.

Her lawyers argued she was entitled to maintenance under Section 125 of the Code of Criminal Procedure, which protects women in long-term live-in relationships.

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