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Adv Ankit Kansal
Adv Ankit Kansal. | 1 month ago | 291 Views

Maintenance To Woman In Live In Relationship 91-8877001993

Written by:

Adv Ankit Kansal Adv Ankit Kansal

Updated: 23-03-2024

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The Chhattisgarh High Court recently rendered a landmark decision that has further complicated India's changing live-in relationship laws. Even after it was discovered that the guy was already married to another woman, the Court maintained the ability of a woman living with her spouse to demand maintenance from him. This ruling reflects the shifting dynamics of social and legal norms in India and represents a significant step toward acknowledging the rights of women in non-traditional relationships.

Maintenance to Woman in Live in Relationship: Why in the News?

  • As per the orders of the Second Additional Sessions Judge, who dismissed a man's plea contesting the order of the Judicial Magistrate First Class, the court hereby orders the respondent to be paid Rs. 4000 per month and the child, Rs. 2000 per month as maintenance and further directs payment of compensation of Rs. 50,000 to the respondent in five monthly instalments.
  • The recent case was examined by a single-judge panel comprising of Justice Narendra Kumar Vyas who addressed the issue of a married woman living with another man and her claim for maintenance under the Protection of Women from Domestic Violence Act (2005). 
  • The court underscored the Act’s vision and scope so as to explain that it was framed with the intention of protecting a woman’s right to reside in her matrimonial home. It also made it clear that the Act provides additional protection to women against the threat of violence devoid of marriage.
  • The respondent woman explicitly claimed in her testimony that she was unaware of the man's marriage and his children, the court further remarked. 
  • The High Court stated that both the trial and appellate courts had noted that the child of the respondent woman and a man was born in August 2017 and that man's name, rather than the father's, was written on the birth certificate and was not challenged or removed by him.  

Contentions by the Petitioner (Man)

  • The man had contended before the High Court that he was already married, so the respondent woman is excluded from the Protection of Women from Domestic Violence Act, 2005 because she is ineligible for a live-in relationship. 
  • He maintained that a woman living with her male partner would not be allowed to request maintenance from him under the Domestic Violence Act. He relied on the Supreme Court’s decision in Indra Sarma v. VKV Sarma (2013) for this viewpoint. 

Contentions by the Respondent (Woman)

  • The woman, on the other hand, recounted the testimony given above, claiming that she was married to a man, whom she had married on Diwali in year 2015. 
  • She also claimed that the applicant had abandoned her shortly after respondent No. 2 (the child) was born. 
  • She filed a complaint with the relevant police station, and they came to an agreement. But according to the man, he and the responsive woman never got married, so there is no chance that their child will be born out of wedlock.

As for the contention concerning the amount of maintenance awarded, the learned high court held that looking at the income of the applicant as a forest guard, which is considered a decent earn by the State Government, the maintenance amounts of Rs. 4,000 per month for respondent No. 1 and Rs. 2,000 per month for respondent No. 2 granted by the learned trial court cannot be looked at as benefits too rich to be true. Hence, it cannot be said that the approach adopted by the trial court which was maintained in the appeal court on this factor is one that can be said to be perverse or one that is replete with illegality that calls for this court’s intervention. 

The man's plea was then rejected by the court.

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Adv Shifa • 07/09/2024

Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

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How To Apply For A Marriage Certificate ? +91-8877001993

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How Is Murder Punishable? 8877001993

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Cheque Bounce Lawyers In Delhi 91-8877001993

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Dowry Death And Its Punishment 91-8877001993

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How To Escape From Cheque Bounce Cases ?91-8877001993

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Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

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Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

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Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

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Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

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Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

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Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

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Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

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Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

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Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

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What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

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Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

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All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

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Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

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Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

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