Maintenance for woman in live-in-relationship in DV Act

Last Updated on October 15, 2024 by Shianjany Pradhan

Chattisgarh H.C. recently upheld an order, which directed maintenance to be provided to the woman with whom he was in a live-in relationship and her three-year-old daughter.

Background

A revision petition was filed by a man against the order of the magistrate, which had directed him to pay a monthly amount of Rs. 4000 to the wife, Rs. 2000 to the daughter, and an amount of Rs. 50,000 that is payable in five installments.

The couple had married in 2019 and had a child. The woman alleged that the man subjected her to cruelty through alcohol consumption and the use of abusive language, due to which she had to file a police complaint. The man countered that he was already married and had three children from that marriage.

Issue

The issue for consideration before Justice Narendra Kumar Vyas was whether a woman in a live-in relationship is entitled to receive maintenance under the Domestic Violence Act,2005, or not.

Analysis

The court observed that the woman was unaware of the fact that the man had a prior family, and the man did not furnish evidence of her awareness regarding the same.

The court concluded that the relationship between the man and the woman was in the nature of marriage.

The court observed that the purpose of the Domestic Violence Act , 2005 was to protect the right of the woman to live in her matrimonial home.

The argument of the man that since he was already married, she could not receive maintenance was rejected by the court.

The court referred to the case of Lalita Toppo v State of Jharkhand, which stated that the estranged wives or the live-in partners are entitled to even more relief than just what has been provided under Section 125 of the CrPC.

Conclusion

The court dismissed the appeal.

It held that the relationship fell in the category of domestic relationship under the Domestic Violence Act of 2005.