The respondent had been convicted under Section 376 IPC on her complaint. The court observed that the trial Magistrate erred in granting interim maintenance to the petitioner despite the respondent's conviction for rape. She argued that she was entitled to claim maintenance as they had cohabited as husband and wife. Court ObservationsThe High Court upheld the Revisional Court's finding that petitioner no.1 is not entitled to interim maintenance. The offence under Section 376 IPC would arise when such relationship is missing," the court held.