An Analysis of the Approach of the Court in Granting Maintenance with Special Reference to Live in Relationship Cases
Sudhangee HandooAugust 5, 202210.5281/zenodo.696694111 pages
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Abstract
In India, live-in relationships are on the rise as a convenient alternative to marriage. A live-in relationship, according to the law, is a living arrangement in which an unmarried couple lives together for the purpose of maintaining a long-term connection that is akin to marriage. Domestic cohabitation between an adult couples who are not married is what it is characterized as. It appears to be a stress-free relationship with no legal obligations; nonetheless, it comes with a slew of complexities, responsibilities, and legal liabilities. Attempts have recently been made tobring it inside the purview of several legislations, such as maintenance to the female, legitimacy of a child being born out of that relation, protection to women living in a live-in relation from domestic violence, and so on. It is no longer a crime in India, and several recommendations on child support, property, and legal status have been provided by the Supreme Court in various cases. In India, it is still a contentious issue. The article's main goal is to use secondary sources tobetter understand the concept of a live-in relationship, and if the females who are in a live in relation can claim maintenance under section 125 of CrPC. The paper suggests that a separate, secular, and gender- sensitive law should be enacted for couples who choose to cohabit in a live- in relationship. So now the question rises, can one claim maintenance under section 125 of CrPC,if they were a party to a live-in relationship? Does the judiciary recognize the concept of “Live- In Relationships”?
References
1 reference
- 1.Indian Penal Code, 1860 | 2. Protection of Women from Domestic Violence Act, 2005 | 3. Code of Criminal Procedure, 1973 | 4. Lesley Gordon, Jenny Nobbs, Cohabitation: the new legal landscape. | 5. Chetan Tripathy•, Live in Relationship- Review and Analysis | 6. Atty. Fred " Common-law marriage (live-in relationships) in the Philippines‖ | November 4th, 2006 in Family and Property law | 7. Dr. Poonam Pradhan Saxena, Family Law Lectures Family Law II(3rd ed.), Nagpur: | Wadhwa LexisNexis Butterworths | WEBSITES: | 1. https://www.lawyersclubindia.com/articles/maintenance-to-live-in-partners- | 14110.asp#:~:text=According%20to%20a%202018%20Supreme,still%20be%20entitled% | 20to%20maintenance. | 2. https://timesofindia.indiatimes.com/india/sc-lays-down-conditions-for-women-seeking- | maintenance-in-live-in-relationships/articleshow/6786239.cms | 3. https://www.indiafilings.com/learn/live-in-relationships-in-india/ | CASE LAWS: | 1. Payal Sharma v. Nari Niketan- AIR 2001 All 254 | 2. S. Khushboo v. Kanniammal- (2010) 5 SCC 600 | 3. Ramdev Food Products (P) Ltd. v. Arvindbhai Rambhai Patel- (2006) 8 SCC 726 | 4. Dwarika Prasad Satpathy v. BidyutPrava Dixit and Anr- 1999 7 SCC 675 | 5. A. Dinohamy v. W.L. Balahamy- (1928) 1 MLJ 388 | 6. Gokal Chand v. Parvin Kumari- (1928) 1 MLJ 388 | 7. Parveen Tandon vs. Tanika Tandon- CRL.M.C., 264 of 2021 | 8. D. Veluswamy v D. Patchaimmal- MANU/SC/0872/2010 | 9. Abhijit Auti vs. State of Maharashtra- AIR 2003 Bom 304 | 10. Indra Sarma v. V.K.V.Sarma- AIR 2014 SC 309
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