The Supreme Court will determine whether a live-in partner can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
Significance:
Live-in Relationship Entitlement: A woman in a live-in relationship can claim maintenance from her partner under Section 125 CrPC if certain conditions are met.
Conditions for Maintenance: To be eligible for maintenance, the couple must have lived together for a significant period, be of legal age to marry, and have held themselves out as spouses to society.
Presumption of Marriage: If a couple lives together for a long time, there’s a presumption of marriage, which can entitle the woman to claim maintenance.
Court’s Discretion: The amount of maintenance granted depends on the case’s merits and the judge’s discretion.
Relevant Precedents
- Chanmuniya v. Virendra Kumar Singh Kushwaha (2011): The Supreme Court ruled that a woman in a live-in relationship can claim maintenance if the couple has lived together for a reasonably long period.
- D. Velusamy v. D. Patchaiammal (2010): The court established conditions for claiming maintenance in live-in relationships, including being of legal age to marry and holding themselves out as spouses.
- Ajay Bhardwaj v. Jyotsna: The Punjab and Haryana High Court awarded maintenance to a woman in a live-in relationship, considering factors like the couple’s cohabitation and children born out of the relationship.
Implications:
Protection for Women: The court’s decision will impact the rights of women in live-in relationships, potentially providing them with greater protection and financial support.
Maintenance Claims: The ruling will clarify the circumstances under which live-in partners can claim maintenance, helping to resolve disputes and provide guidance for future cases.
The Supreme Court’s decision on whether a live-in partner can invoke Section 125 CrPC to claim maintenance will provide clarity on the rights and entitlements of individuals in live-in relationships. Ultimately, the court’s ruling will aim to balance the need for protection and support for vulnerable partners with the complexities and nuances of modern relationships.
This decision will likely have significant implications for the rights and responsibilities of live-in partners in India, and will provide guidance for future cases involving similar issues.
