Noting that the woman was unaware of the man's previous marriage and the three children it produced, the Chhattisgarh High Court recently affirmed an order requiring a man to pay maintenance to a woman he lived with and their three-year-old daughter.Call Now For Lawyers Legal Advice On Live In Relationship In India:-91-8877001993
Consult Verified Legal Experts
Adv. Suresh Tripathi
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
PRAYAGRAJ
15-20+
Years of
Experience
Experience
Adv. Tanya Bansal
Supreme Court of India
- • RERA Matters
- • Legal Notice
- • Succession Issue
Ghaziabad
15-20+
Years of
Experience
Experience
Adv. Karan Khanna
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Model Town
15-20+
Years of
Experience
Experience
Adv. Reena Saxena
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Kanpur
15-20+
Years of
Experience
Experience
Adv. Vinayak Patil
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Pune City
15-20+
Years of
Experience
Experience
Adv. Sneha Naidu
Supreme Court of India
- • Property Matter
- • Corporate Issues
- • Startup Compliances
Hyderabad
20-25+
Years of
Experience
Experience
Adv. Akash Yadav
Supreme Court of India
- • Cyber Crime
- • Anticipatory Bail
- • Money Recovery
GURUGRAM
15-20+
Years of
Experience
Experience
Adv. Pooja Iyer
Supreme Court of India
- • Audits
- • Trademark & other IP
- • Company Registration
Chennai
20-25+
Years of
Experience
Experience
Adv. Rajiv Malhotra
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Karol Bagh
20-25+
Years of
Experience
Experience
Adv. Megha Shah
Supreme Court of India
- • Cyber Crime
- • Money Recovery
- • Cheque Bounce
Ahmadabad City
20-25+
Years of
Experience
Experience
Adv. Ankit Jain
Supreme Court of India
- • RERA Matters
- • Consumer Protection
- • Legal Notice
Vijaypur
20-25+
Years of
Experience
Experience
Adv. Simran Kaur
Supreme Court of India
- • RERA Matters
- • Case Transfer Matters
- • Legal Notice
Ludhiana (East)
15-20+
Years of
Experience
Experience
Adv. Manish Tyagi
Supreme Court of India
- • Anticipatory Bail
- • Money Recovery
- • Cheque Bounce
Noida
10-15+
Years of
Experience
Experience
Adv. Harsh Chauhan
Supreme Court of India
- • Cyber Crime
- • Legal Notice
- • Succession Issue
Dehradun
20-25+
Years of
Experience
Experience
Adv. Nikita Arora
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Amritsar -I
+
Years of
Experience
Experience
Adv. Deepika Mishra
Supreme Court of India
- • Cyber Fraud
- • Rape & POCSO
- • Bail Matter
Varanasi
15-20+
Years of
Experience
Experience
Adv. Sakshi Bansal
Supreme Court of India
- • Consumer Protection
- • Legal Notice
- • Succession Issue
Ghaziabad
15-20+
Years of
Experience
Experience
Adv. Rohit Aggarwal
Supreme Court of India
- • Cyber Fraud
- • Property Matter
- • Corporate Issues
Preet Vihar
15-20+
Years of
Experience
Experience
Adv. Pooja Saxena
Supreme Court of India
- • RERA Matters
- • Case Transfer Matters
- • Cyber Crime
Noida
15-20+
Years of
Experience
Experience
Adv. Arjun Nair
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Kochi
20-25+
Years of
Experience
Experience
Adv. Kavita Reddy
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Hyderabad
15-20+
Years of
Experience
Experience
Adv. Sandeep Yadav
Supreme Court of India
- • Cyber Fraud
- • Rape & POCSO
- • Bail Matter
Gurgaon
15-20+
Years of
Experience
Experience
Adv. Anjali Kapoor
Supreme Court of India
- • Cyber Fraud
- • Property Matter
- • Corporate Issues
ROHINI
15-20+
Years of
Experience
Experience
Adv. Vikram Singh
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Chandigarh
15-20+
Years of
Experience
Experience
Adv. Neha Gupta
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Property Matter
Jaipur
15-20+
Years of
Experience
Experience
Adv. Amit Verma
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Property Matter
Lucknow
15-20+
Years of
Experience
Experience
Adv. Priya Mehta
Supreme Court of India
- • Cyber Fraud
- • Property Matter
- • Corporate Issues
MUMBAI
15-20+
Years of
Experience
Experience
Adv. Rahul Sharma
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Rape & POCSO
Vivek Vihar
15-20+
Years of
Experience
Experience
Adv. Fatima Begum
Supreme Court of India
- • Insurance Matters
- • Cyber Fraud
- • Corporate Issues
Jaipur
15-20+
Years of
Experience
Experience
Adv. Gurpreet Singh
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Bangalore North
10-15+
Years of
Experience
Experience
Adv. Sai Chatterjee
Supreme Court of India
- • Agreements
- • Employment Matters
- • Audits
MUMBAI
15-20+
Years of
Experience
Experience
Adv. Diya Saxena
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
Jaipur
15-20+
Years of
Experience
Experience
Adv. Simran Sharma
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Bail Matter
Vivek Vihar
20-25+
Years of
Experience
Experience
Adv. Priya Nair
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Rape & POCSO
Gandhi Nagar
20-25+
Years of
Experience
Experience
Adv. Ayaan Verma
Supreme Court of India
- • Matrimonial Disputes
- • Legal Notice
- • Succession Issue
Pune City
15-20+
Years of
Experience
Experience
Adv. Sai Jain
Supreme Court of India
- • Case Transfer Matters
- • Anticipatory Bail
- • Money Recovery
Parliament Street
20-25+
Years of
Experience
Experience
Adv. Kabir Saxena
Supreme Court of India
- • Cyber Crime
- • Money Recovery
- • Cheque Bounce
Chandigarh
15-20+
Years of
Experience
Experience
Adv. Harpreet Patel
Supreme Court of India
- • Insurance Matters
- • Rape & POCSO
- • Bail Matter
Amritsar -I
10-15+
Years of
Experience
Experience
Adv. Sai Mehta
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Bangalore North
10-15+
Years of
Experience
Experience
Adv. Zoya Das
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Ahmadabad City
15-20+
Years of
Experience
Experience
Adv. Kunal Banerjee
Supreme Court of India
- • Rape & POCSO
- • Bail Matter
KOLKATA
15-20+
Years of
Experience
Experience
Adv. Nazia Begum
Supreme Court of India
- • Agreements
- • Employment Matters
- • Statutory Compliances
NALGONDA
1-5+
Years of
Experience
Experience
Adv. Jaspreet Singh
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Mutual or Contested Divorce
Amritsar -I
5-10+
Years of
Experience
Experience
Adv. Priya Nair
Supreme Court of India
- • Agreements
- • Court Marriage
- • Adoption & Custody
Trivandrum
5-10+
Years of
Experience
Experience
Adv. Joseph DSouza
Supreme Court of India
- • Agreements
- • Employment Matters
- • RERA Matters
PANAJI
10-15+
Years of
Experience
Experience
Adv. Karthik Raman
Supreme Court of India
- • Employment Matters
- • Cyber Fraud
- • Cyber Crime
Alandur
5-10+
Years of
Experience
Experience
Adv. Sana Mirza
Supreme Court of India
- • Employment Matters
- • Insurance Matters
- • Cyber Fraud
Parola
10-15+
Years of
Experience
Experience
Adv. Aarav Sharma
Supreme Court of India
- • Adoption & Custody
- • Employment Matters
- • Insurance Matters
DELHI CITY
10-15+
Years of
Experience
Experience
Adv. Arshdeep Gill
Supreme Court of India
- • Bail Matter
Hungund
5-10+
Years of
Experience
Experience
Adv. Kavita Pandey
Supreme Court of India
- • Rape & POCSO
Ghaziabad
5-10+
Years of
Experience
Experience
Adv. Neeraj Goswami
Supreme Court of India
- • Insurance Matters
Chengannur
5-10+
Years of
Experience
Experience
Adv. Rahul Deshmukh
Supreme Court of India
- • Adoption & Custody
Tiruttani
5-10+
Years of
Experience
Experience
Adv. Gurpreet Chawla
Supreme Court of India
- • Court Marriage
Chengalpattu
5-10+
Years of
Experience
Experience
Adv. Saurabh Ahuja
Supreme Court of India
- • RERA Matters
- • Case Transfer Matters
- • Cyber Crime
chamalekha
15-20+
Years of
Experience
Experience
Adv. Vikram Dhillon
Supreme Court of India
- • Rape & POCSO
MOHALI
15-20+
Years of
Experience
Experience
Adv. Amandeep Grewal
Supreme Court of India
- • Insurance Matters
Nakodar
15-20+
Years of
Experience
Experience
Adv. Gurmeet Brar
Supreme Court of India
- • Rape & POCSO
Chhachhrauli
10-15+
Years of
Experience
Experience
Adv. Anjali Goel
Supreme Court of India
- • Adoption & Custody
Noida
15-20+
Years of
Experience
Experience
Adv. Meenakshi Iyer
Supreme Court of India
- • Property Matter
Ambur
10-15+
Years of
Experience
Experience
Adv. Karthik Reddy
Supreme Court of India
- • Property Matter
Bangalore North
+
Years of
Experience
Experience
Adv. Jaspreet Sandhu
Supreme Court of India
- • Adoption & Custody
Chandigarh
5-10+
Years of
Experience
Experience
Adv. Ffj jvhgv
Supreme Court of India
- • Agreements
- • Anticipatory Bail
- • Case Transfer Matters
Delhi Cantonment
10++
Years of
Experience
Experience
Adv. Fatima Khan
Supreme Court of India
- • Insurance Matters
Jaipur
+
Years of
Experience
Experience
Adv. Gurpreet Sharma
Supreme Court of India
- • Employment Matters
- • Insurance Matters
- • RERA Matters
Bangalore North
+
Years of
Experience
Experience
Adv. Pooja Jain
Supreme Court of India
- • Court Marriage
- • Adoption & Custody
- • Legal Notice
MUMBAI
5-10+
Years of
Experience
Experience
Adv. Krishna Agarwal
Supreme Court of India
- • Cyber Crime
- • Rape & POCSO
- • Anticipatory Bail
Karnah
15-20+
Years of
Experience
Experience
Adv. Swati Singh
Supreme Court of India
- • Rape & POCSO
- • Bail Matter
- • Legal Notice
DELHI CITY
10-15+
Years of
Experience
Experience
Adv. Kunwar Gangesh
Supreme Court of India
- • Employment Matters
- • Company Registration
- • Legal Notice
DELHI CITY
5-10+
Years of
Experience
Experience
Adv. Chitra Bhanu Gupta
Supreme Court of India
- • Cyber Fraud
- • Cyber Crime
- • Legal Notice
KOLKATA
20-25+
Years of
Experience
Experience
Adv. Mahideep Singh
Supreme Court of India
- • Employment Matters
- • Insurance Matters
- • Legal Notice
Dehradun
5-10+
Years of
Experience
Experience
Adv. Soumi Guha Thakurta
Supreme Court of India
- • Adoption & Custody
- • Matrimonial Disputes
- • Legal Notice
KOLKATA
5-10+
Years of
Experience
Experience
Adv. Kanchan Kumari
Supreme Court of India
- • Anticipatory Bail
- • Audits
- • Cheque Bounce
MUMBAI
7+
Years of
Experience
Experience
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.
Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law and current developments in the legal field by the best professionals in this area. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.
Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
