Can Live-In Partners Claim Maintenance ?

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Can Live-In Partners Claim Maintenance? 

Key Points:-

That according to the Supreme Court judgment in the year 2018, the couple who were in a Live-in relationship for a significantly longer period of time can claim maintenance in case of dispute between them.

In another matter, it was ruled out that partners living in live-in relations cannot be denied maintenance if there was evidence that parties are living together for a significantly longer period of time, and according to section 24 of the Hindu Marriage Act, under which a husband can claim maintenance from financially strong wife but there has been no such event of the male live-in partner getting maintenance from his partner.

Brief:-

That the legal status of partners living in live-in relations is not clear in India, but the supreme court of India has ruled out that partners living in live-in relationships for a significantly longer period will be treated as legally married and the oppressed partner is eligible to claim protection and maintenance in the view of the same. The aggrieved women living in a live-in relationship can claim maintenance according to the domestic violence act and findings of the case under the court’s discretion. An aggrieved woman can claim maintenance in a live-in relationship where a dispute arises between the couple but there is no such provision given to the male where a male partner living in a live-in relationship can claim maintenance.

WHERE MAINTENANCE GIVEN TO LIVE-IN PARTNERS

That the Supreme court under the matter of Jagir Kaur and Anr. Versus Jaswant Singh, on 13 February 1963 observed that the Cr. P.C, 1898 has relevant provisions dealing with maintenance to the wife and children.

That the Supreme Court under the matter of Lnanak Chand vs Shri Chandra Kishore Agarwala And Ors ... on 20 May 1969 while discussing the section 488 of Cr. P.C concluded that under section 488 all persons irrespective of their religion and personal laws are eligible for maintenance.

That after the merger of the Code of Criminal Procedure in 1973, in the matter of Captain Ramesh Chander Kaushal vs Mrs. Veena Kaushal And Ors. on 22 August 1978, the supreme court held that section 125 of the Code of Criminal Procedure in 1973 is a  reincarnation of section 488 of Code of Criminal Procedure, 1898.

That under the section of CrPC 125(1) sub-section (b) the word “wife” is defined that a “wife includes a woman who has been divorced or has obtained a divorce from her husband and has not remarried.

Although, in the matter of  K.Vimal vs K.Veeraswamy on 20 March 1991, the Supreme Court three-judge bench expanded the scope of Article 125 and held that Article 125 of the 1973 Criminal Procedure Law was designed to achieve social ends and therefore the objective was to stop destitution. . Helps provide quick remedies to abandoned wives. When the husband denies the neglected wife's claim that she was described as a lover based on an unsubstantiated defense that he was already married, the court would require strict proof of the previous marriage.

According to the law, the second wife whose marriage is invalid due to the existence of the first marriage is not a legally married wife and therefore is not entitled to maintenance under this clause. The Supreme Court once again reaffirmed the law enacted in the K.Vimal vs K.Veeraswamy on 20 March 1991 to protect women who do not have a legal status of marriage.

In Dwarika Prasad Satpathy vs Bidyut Prava Dixit And Another on 14 October 1999, The court held that if there is evidence that both parties live together, alimony cannot be denied.

Making important clarifications on the living relationship, the Supreme Court has stated that if both parties "live as Husband-wife for a significantly longer time and have children, the judiciary will presume that they are married.

And more importantly, the Supreme Court has ruled that children born in long-term living relationships cannot be considered illegal.

In Parveen Tandon vs Tanika Tandon on 7 June 2021, the Respondent woman claimed that the Petitioner did not disclose his marital status during her first meeting. It also stated that the petitioner signed a marriage contract with her to demonstrate his sincerity and sense of responsibility towards her and the children from her last marriage. The Single Judge Bench of the Delhi High Court SUBRAMONIUM PRASAD confirmed the order approved by Addl. Judge Sessions ordered the petitioner to pay Interim maintenance to his live-in partner in accordance with the provisions of the PWDV Act. The court concluded that both parties are adults and have voluntarily lived together for a long time.

On dated 2nd November 2018 in a matter, former Chief Justice Ranjan Gogoi and Justice UU Lalit, Justice KM Joseph held that domestic partners can apply for maintenance in accordance with the provisions of the Act. PWDV.

In the case of Indra Sarma vs V.K.V.Sarma on 26 November 2013, the Supreme Court stated that under the Domestic Violence Law, a woman who maintains a cohabiting relationship with a married man will continue to be considered a “Domestic Relationship”. Therefore, the failure of the man to support her would constitute "domestic violence" in the sense of the law, and she would have the right to seek redresses, such as maintenance and compensation.

Men can seek maintenance from their wife if she is financially well off. This is possible under section 24 of the Hindu Marriage Law, which guarantees that both husband and wife can claim maintenance. However, there is no case where a male live-in partner has the right to demand maintenance from his female live-in partner.

Final Opinion

There are several decisions made by the courts where the right to maintenance to the live-in partners allowed. Although, these depend upon the facts of the case.

Being in a live-in relationship is not illegal in India. However, it is still prohibited/ cultural taboo in society.

In case of any dispute arise between the live-in partners, the aggrieved women can claim maintenance under the Indian legislation as the partners are living like Husband and wife but not exactly husband and wife legally. So, it is necessary to have a competent law Concerning the responsibilities of live-in partners towards each other as in marriages.