Are Live-In Partners Entitled To Maintenance Under Indian Law?

Under Indian law, the legal rights of live-in partners regarding maintenance are a complex matter. While live-in relationships are not formally recognized as marriages, certain legal provisions, particularly under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), offer protection to women in live-in relationships, including the right to seek maintenance in certain circumstances.

Are Live-In Partners Entitled to Maintenance Under Indian Law?

Protection Under the Domestic Violence Act (PWDVA): The Protection of Women from Domestic Violence Act provides specific legal rights to women in live-in relationships. According to Section 2(f) of the PWDVA, a relationship in the nature of marriage includes a live-in relationship where the partners have cohabited for a substantial period. In such cases, a woman in a live-in relationship can seek maintenance if she can demonstrate that she was in a relationship akin to marriage and faced domestic violence, financial distress, or abandonment.

Criteria for Maintenance: To claim maintenance under the PWDVA, a woman must meet certain criteria:

• Cohabitation: There must be evidence of a long-term cohabiting relationship, typically of a substantial duration (though this is not specifically defined in the law, the relationship should be of significant length).
• Dependence: The woman should show financial dependency on the male partner or that she was supported during the relationship.
• Abuse or Neglect: The woman must show that she has been subjected to domestic violence, emotional or physical abuse, or abandonment by the partner.

Supreme Court Judgment (2018): The Supreme Court of India has recognized live-in relationships in several judgments, particularly in relation to domestic violence and the rights of women. In Khushboo vs. Kanniammal, the Supreme Court affirmed that a woman in a live-in relationship is entitled to protection under the PWDVA, including the right to maintenance, if the relationship meets the statutory criteria.

Maintenance Under Other Laws: While the PWDVA offers a legal route for live-in partners (especially women) to seek maintenance, Hindu Marriage Act and Indian Divorce Laws do not directly apply to live-in relationships as these laws are specific to formal marriages. However, a woman in a live-in relationship may also seek maintenance under Section 125 of the Criminal Procedure Code (CrPC), which provides for maintenance to a wife, children, and even parents in need. The CrPC allows a woman in a live-in relationship to claim maintenance, but the court will require evidence that the relationship was akin to marriage and the woman was financially dependent.

No Formal Recognition: While live-in partners do not have the same rights as legally married spouses, the legal recognition of relationships in the nature of marriage ensures that live-in women have certain protections, especially in cases of domestic violence or desertion. However, the laws around live-in relationships are still evolving, and the rights of live-in partners regarding inheritance, property, and long-term support are not as clear as those of married couples.

Property Rights: The property rights of live-in partners are generally not the same as those of legally married spouses. While a live-in partner may seek maintenance, claiming rights over shared property or assets requires clear evidence of joint ownership or other legal agreements.

Example:

If a woman has been in a live-in relationship for over five years, and the partner abandons her without financial support or causes harm, she can seek maintenance under the Protection of Women from Domestic Violence Act. She must prove that the relationship was long-term and that she was financially dependent on her partner. The court may grant maintenance based on her needs and the partner's ability to pay.