Partner in Live-in Relationships Entitled to Maintenance: Supreme Court

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The Supreme Court has made partners living in a live-in-relationship a valid marriage. Supreme Court observing the question of maintenance to woman in a live-in-relationship showed a conflict between the provisions for maintenance under Protection of Women from Domestic Violence Act, 2005, and Section 125 Code of Criminal Procedure Code, 1973. Section 125, CrPC recognizes right of maintenance of only a legally wedded wife whereas Domestic Violence Act, 2005 recognizes the right of maintenance of a woman in a live-in-relationship from a man as Madras High Court has recognized live-in-relationship under the Domestic Violence Act. Justice R. Mahadevan, when the matter came in the Madras High Court has said that the definition of domestic violence is very broad and will cover maintenance for a concubine and to a second wife also.

The court disposed the writ petition filed by the wife of Ex- Chief Educational Officer whereby the husband was living with the second wife since 47 years without giving divorce to the first wife. The writ petition was filed by the first wife to restrain the government officials to pay pension to the second wife after the death of the husband. The husband being married under the Hindu Marriage Act, 1955 and cannot be remarried or have a second wife during the subsistence of the first marriage. The court being in a dilemma referred to the provisions of Domestic Violence Act, 2005 whereby equal protection to be given to second wife or a concubine and thus the court directed the Accountant General to pay the amount of pension equally among both the wives and in case of death of one of the party, the surviving party can claim the whole amount. Justice Mahadevan, Madras High Court said “the concept of paying pension to the family members is to enable them to lead a decent life after the life time of the petitioner. Therefore… the memorandum of compromise is accepted and recorded.”

Latest News

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

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This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational qualifications. Brief facts of the case The...

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On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

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