Dhananjay, Karuna's relation in 'nature of marriage', she's entitled to claim relief: Court

Mumbai: NCP leader Dhananjay Munde's relationship with a woman, claiming to be his first wife, is prima facie "in the nature of marriage" and she is entitled to claim relief under the Domestic Violence Act, a sessions court here has said.

Additional sessions judge Shaikh Akbar Shaikh Jafar, in the order on Saturday, dismissed the former Maharashtra minister's appeal against an interim maintenance order of a magistrate.

The Nationalist Congress Party leader had claimed in his appeal that he was never married to Karuna Munde, the applicant.

The court said whether she is a legally wedded wife or not, it has to be decided by the appropriate forum.

But the former state minister's "relationship with the woman is in the nature of marriage" as she has given birth to his two children and it is "not possible without residing in a shared household", as per the court's detailed order available on Wednesday.

Considering the "lifestyle of a renowned political figure", the magistrate was justified in granting interim maintenance to Karuna Munde, the court said.

Karuna Munde and her children were entitled to the same lifestyle which is being enjoyed by the NCP leader, it said.

The court dismissed the politician's appeal against an interim order, which directed him to pay maintenance to Karuna Munde.

On February 4, the Bandra magistrate court partly allowed Karuna Munde's interim plea and directed the NCP legislator to pay Rs 1,25,000 per month to the woman and 75,000 per month to their daughter as interim maintenance.

The woman filed a domestic violence case against Dhananjay Munde in 2020 and the magistrate court is yet to decide the main plea.

The former minister had filed an appeal before the sessions court against the interim order.

While rejecting his plea, the court said is well settled that "a woman who is subjected to domestic violence and was in a live-in relationship which is in the nature of marriage known to the society is entitled for the reliefs as provided under the Domestic Violence Act." However, the politician contended she was neither "his wife nor he was in a live-in relationship" with her.

His lawyer argued the woman "may be at the most termed as concubine of the appellant and she is not entitled to any relief".

The court rejected the contention, saying prima-facie the two documents - 'Vasiyatnama' and 'Swikrutipatra - placed on record "show that respondent number 1 (woman) is in a relationship with the appellant in the nature of marriage".

While deciding the application under the Domestic Violence (DV) Act, this court need not declare the status of the parties relating to their marriage, it said.

"Thus, I am of the view that prima facie the respondent No. 1 was in a relation with the appellant in the nature of marriage and she has given birth to two children of the appellant, which is not possible without residing in a shared household," the judge said.

Therefore, she is entitled to claim the reliefs as provided under the DV Act, the court ruled.

On the submission that the woman has sufficient source of income, the court said it should assess whether the earning is "sufficient to maintain herself similar to the status of respondent".

Dhananjay Munde is a political leader. Therefore, his financial capacity cannot be in question, nor can it be compared with, the court noted.

"Even if it is presumed that respondent No. 1 is earning, she is also entitled for maintenance to maintain their lifestyle as of the appellant," the court said.

Considering the facts and circumstances of the case, the court was of view that the "magistrate is justified in granting interim maintenance and quantified the same in a proper manner which needs no interference".

"Therefore, I am of the view that the appeal deserves to be dismissed," the sessions court judge said.