Answer By law4u team
As social and legal awareness grows in India, same-sex relationships are slowly gaining recognition, particularly after the decriminalization of Section 377 in 2018. While same-sex marriage is not yet legally recognized in India, courts have begun acknowledging the rights of individuals in such relationships, especially when it comes to protection from abuse, cohabitation rights, and claims of maintenance in certain situations. The law around maintenance for same-sex partners is evolving, and understanding the current legal framework is crucial for those seeking financial or legal remedy after separation or exploitation in such relationships.
Legal Basis for Maintenance in Same-Sex Relationships
No Explicit Provision Under Personal Laws Yet
Indian personal laws (Hindu Marriage Act, Muslim Personal Law, etc.) currently apply only to heterosexual marriages. Since same-sex marriages are not legally recognized, partners in such relationships cannot claim maintenance under these laws.
Protection Under Domestic Violence Act (PWDVA), 2005
The Supreme Court and several High Courts have interpreted the Protection of Women from Domestic Violence Act (PWDVA), 2005 to cover female partners in same-sex live-in relationships. If a woman is in a same-sex relationship and faces abuse or abandonment, she may seek maintenance under Section 20 and residence rights under Section 17 of the Act.
Recognition of Live-in Relationships
In multiple cases, courts have stated that live-in relationships, including same-sex ones, may be protected under the right to life and personal liberty (Article 21 of the Constitution). This provides a broader base for seeking maintenance or protection.
Supreme Court Guidance
In the Navtej Singh Johar v. Union of India case (2018), the Supreme Court emphasized the rights of same-sex couples to live with dignity and autonomy. While the judgment didn’t cover maintenance, it opened the door for broader rights and future legal protections.
Case Law Examples
In Sreeja S v. Commissioner of Police (2018), the Kerala High Court protected a lesbian couple's live-in relationship under constitutional rights.
In Chinju Ashok Chandran v. State of Kerala (2021), the High Court acknowledged the right of same-sex partners to cohabit and seek protection from state authorities.
Judicial Activism and Future Outlook
Courts are increasingly sympathetic towards same-sex partners. Although there is no codified law granting maintenance in such relationships, judicial interpretation and civil remedies under constitutional rights and tort laws may support claims in the future.
Challenges and Limitations
Lack of Statutory Recognition
Without recognition of same-sex marriage or civil unions, partners often lack standing under personal law for alimony or spousal support.
Gender Bias in Protection Laws
The PWDVA, 2005 primarily offers protection to women. Male or transgender partners may find it harder to claim maintenance under this framework.
Dependence on Judicial Discretion
Since there are no specific statutes for same-sex maintenance claims, each case depends heavily on the judge’s interpretation of constitutional rights and equity.
Social and Familial Stigma
Even when legal rights exist, social pressure and lack of awareness may discourage individuals from filing claims or seeking help.
Consumer Safety Tips and Practical Advice
Document the relationship (photos, messages, financial dependencies) to support any legal claims.
Consult an LGBTQ+ friendly legal aid group or NGO for help with legal procedures.
Consider signing a cohabitation agreement (a private legal document) to define financial responsibilities.
Report any physical or emotional abuse under applicable criminal laws.
Stay updated on developments regarding same-sex marriage and civil union laws in India.
Example
Suppose two women live together in a same-sex relationship for five years. One partner is financially dependent while the other earns and supports the household. After a breakup, the earning partner refuses to provide any support or housing, leaving the dependent partner vulnerable and homeless.
Steps the dependent partner can take:
Approach the Protection Officer under the PWDVA, 2005, and file a complaint.
Seek interim maintenance and residence orders from the Magistrate under Section 20 of the Act.
File a writ petition in High Court if denied protection by lower authorities.
Contact LGBTQ+ support groups for legal aid and counseling.
Collect proof of the relationship and financial dependency for court proceedings.
Stay informed about any legislative changes that might strengthen future rights in such relationships.
