- 21-Dec-2024
- Family Law Guides
Yes, there are legal provisions in India where men may be able to claim maintenance in live-in relationships under specific circumstances, although these provisions are often less frequently used compared to women’s claims for maintenance. While India’s family law predominantly addresses the financial rights of women, men in certain situations can also seek maintenance or financial support if they are in a live-in relationship and meet certain criteria.
Under the Protection of Women from Domestic Violence Act (PWDVA), 2005, women in live-in relationships are recognized as having the right to seek protection, including maintenance. However, the law does not exclude men from seeking relief under the same Act.
In some instances, men who are in a domestic relationship with a woman can file for relief under the Act if they are subjected to abuse or financial dependency. If the man can prove that he is being financially supported by the woman, or that he is financially dependent due to the relationship, he may be entitled to claim maintenance under this law.
Example: If a man is in a live-in relationship where the woman is the primary breadwinner and he is unable to support himself, he may claim maintenance under the Domestic Violence Act, arguing that the relationship created a financial dependency.
Section 125 CrPC provides for maintenance claims, and its provisions are gender-neutral, meaning both men and women can file for maintenance if they are unable to maintain themselves. This section applies in cases of legal separation, divorce, or in situations where one partner is financially dependent on the other.
However, the scope of Section 125 is generally intended for legally married couples. While this law is more commonly invoked by women to seek maintenance from their husbands, a man in a live-in relationship may, in some exceptional cases, be able to claim maintenance if he can establish that the woman is financially capable and he is unable to maintain himself due to health reasons, unemployment, or other causes.
The challenge for men in live-in relationships is that Section 125 generally applies to legally recognized relationships, and courts often require a level of formalized commitment (marriage or legal separation) to determine maintenance eligibility.
The Supreme Court of India, in the case of Indra Sarma v. V.K.V. Sarma (2013), recognized that women in live-in relationships are entitled to protection under the Domestic Violence Act, but did not extend the same clear rights to men. The court distinguished between marriages and live-in relationships, noting that women in such relationships could seek maintenance, but it did not explicitly extend this right to men.
However, in a 2017 judgment, the Supreme Court observed that both men and women in live-in relationships could claim maintenance under the Domestic Violence Act, provided they meet the necessary criteria, such as mutual dependence, duration of the relationship, and the absence of a formal marriage.
In Khushboo v. Kanniammal (2010), the Supreme Court held that live-in relationships are not illegal in India, but they do not automatically confer the same legal benefits as marriage. Nevertheless, the courts may still interpret live-in relationships as offering certain financial obligations and rights under different legal provisions like the Domestic Violence Act and Section 125 CrPC.
While men may have a more difficult time proving financial dependence in live-in relationships, the gender-neutral nature of maintenance provisions under laws like Section 125 CrPC suggests that a man in a live-in relationship who is financially dependent on his partner could potentially claim maintenance. The courts would need to assess the specific facts of the case, including the financial capacity of both parties and the nature of the relationship.
The Hindu Marriage Act, 1955 (HMA) is primarily intended for legally married couples, and does not directly apply to live-in relationships. However, men may seek maintenance under this Act only if they are legally married to their partner. As live-in relationships are not recognized as marriages under this law, a man cannot claim maintenance under the HMA unless the relationship is legally recognized as a marriage.
Dependency: The man must establish financial dependency on the woman, which may be difficult to prove in cases where both partners have equal earning capacity. However, if the man is unable to support himself due to reasons like illness, unemployment, or other legitimate factors, he may have a case.
Duration of the Relationship: The longer the live-in relationship, the stronger the case for maintenance may become. If the man can demonstrate that the relationship created financial dependency and was long-lasting, this could influence the court’s decision.
Contributions to the Relationship: Courts may also consider the contributions made by the man to the relationship, such as providing emotional or domestic support, when assessing maintenance claims.
Nature of the Relationship: A man would also need to show that the relationship was more than just a casual cohabitation and involved mutual responsibilities, financial interdependence, and cohabitation over a significant period.
If a man has been in a long-term live-in relationship with a woman who is the primary breadwinner, and he has become financially dependent on her due to reasons like illness, unemployment, or inability to earn, he may file for maintenance under the Domestic Violence Act or Section 125 CrPC. The court would evaluate whether the woman has the financial capacity to support him and whether the relationship involved genuine financial dependency.
While Indian law primarily addresses maintenance claims from women to men, there are provisions under which men in live-in relationships can seek maintenance or financial support, although such claims are relatively rare. Men may be able to claim maintenance under Section 125 CrPC or the Domestic Violence Act, provided they can establish financial dependency and other criteria like the duration of the relationship and mutual interdependence. The law treats live-in relationships as legal, but without the same automatic entitlements as marriage, meaning men must demonstrate specific circumstances to claim maintenance successfully.
Courts will assess each case individually, focusing on the financial dependency of the parties involved and the nature of their relationship. Despite the gender-neutral nature of some maintenance provisions, social and legal challenges may make it harder for men to claim maintenance in live-in relationships, but it remains a possible legal recourse under the right conditions.
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