Seperation

Mercy , an 18 years old young girl was pursuing her studies from an International College, Blossom City. She had been dating a boy named Jojo, who was her senior in the same college. Soon, their friendship converted into a live-in-relationship. Mercy’s parents came to know about the relationship only when she got pregnant. To prevent social stigma, the parents of Mercy decided to marry her with Jojo but Jojo refused to accept the offer of marriage and put forth allegations that Mercy was having illicit relations with somebody else. Following this, since Mercy refused to abort the child, her parents decided to marry her off to their friend’s son Mathew aged 26 years. After discussing the entire situation truthfully, Mathew’s father accepted the proposal for marriage. 2. After marriage, Mathew remained busy with his business and spent very less time with his newly wedded wife, Mercy. Due to this, emotional bonding between the two could not build-up. After marriage, only on a very few occasions, Mathew had intercourse with Mercy just to fulfill his physical lust. Due to this, Mercy was frustrated. One midnight, Mercy suddenly woke up and found that Mathew was not in the room. After hearing whispers from the adjacent room, she went to see what was happening. She was shocked to see that Mathew was physically involved with a friend of his. She shouted at them a big quarrel pursued between the two and this incident spoiled their relationship completely. The next day, when Mercy narrated the incident to her parents, they advised her to adjust as it was her only home after marriage. Finding no help, Mercy contacted her previous lover Jojo. Mathew wanted to avoid the liability to pay maintenance and other legal consequences against him and so, he started showing his concern for her. Resultantly, again, they started meeting with each other. One evening, Mathew saw Mercy walking out of a hotel with Jojo and once again, they exchanged heated arguments. The incident led to the breakdown of the marriage completely. 3. Mercy narrated the whole story to her mother, but her mother explained the sad reality of her life with Mathew and advised her to adjust herself in the new environment as it was her only home now after marriage. When Mercy discussed the matter with her in-laws, they started abusing her for her pre-marriage acts and threatened her that she has no option except to remain at their mercy. Feeling aggrieved, Mercy left the home of Mathew and started living on rental accommodation in Blossom City. Mercy filed a petition u/s 125 CrPC for maintenance and specific demand for separate residence against Mathew in the court at Blossom City. Mathew filed a petition in Blossom City High Court u/s 482 CrPC for quashing FIR on the ground that Mercy is his legally wedded wife and cohabitation is essential for the institution of marriage. Can she gat maintenance under 125