SC sets parameters for live-in maintenance

These observations were passed in a judgment defining the expression relationships in the nature of marriage in the Protection of Women from Domestic Violence Act,2005. The statute provides that a woman deserted from such a relationship is equally eligible for maintenance as a woman abandoned by her legally wedded husband.

Indian society is changing,and this change has been reflected and recognised by Parliament by enacting the Protection of Women from Domestic Violence Act,2005. The Act has taken notice of a new social phenomenon which has emerged in our country,and is sometimes found in big urban cities in India, the Bench of Justices Markandey Katju and T S Thakur wrote in their judgment.

To claim maintenance under the Act,the woman concerned has to prove with evidence four factors in the live-in relationship: one,she and her partner were of the legal age to marry; two,they were both otherwise qualified to enter a legal marriage; and three,they had voluntarily co-habited. Fourth and final condition being that the couple should have during their relationship held themselves out to the world as being akin to spouses for a significant period of time.

The court segregated such domestic relationships between unmarried couples from one-night stands or merely spending weekends together. It said the latter relationships do not equip a woman to demand maintenance benefits.

Again,the right to maintenance does not apply to relationships where a man has a keep whom he maintains financially and uses mainly for sexual purpose and/or as a servant,the court observed.

It explained that such a tie between couples would not amount to a relationship in the nature of marriage.

No doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 Act,but then it is not for this court to legislate or amend the law, the Bench reasoned.

The Bench said it has found it necessary to give an authoritative definition to the expression relationship in the nature of marriage in the 2005 Act as Parliament has not done so.

Earlier there was no law providing for maintenance to a woman who was having a live-in relationship with a man and then deserted by him, the court said.

The judgment was on an appeal filed by D Velusamy,a secondary school teacher,against a Madras High Court decision against him to pay maintenance to D Patchiammal,with whom he had a relationship outside his marriage.

The SC dismissed the lower court decision to declare Patchiammal as Velusamys wife without caring to investigate the status of his formal marriage. The Bench referred the case back to the local family court to hear the matter afresh.