CASE TITLE:
Lalita Toppo vs State of Jharkhand
DATE OF JUDGEMENT:
30th October, 2018
JUDGES:
Chief Justice Ranjan Gogoi, Justice U.U. Lalit and Justice KM Joseph
PARTIES:
Lalita Toppo (Petitioner)
State of Jharkhand (Respondent)
SUBJECT
In this case, the Court observed that a live-in partner can seek maintenance under the provisions of Domestic Violence Act, 2005 and revolves around the scope of the partner in a living-together relationship to seek maintenance. The appeal was dismissed, and the appellant was directed to file a complaint with the appropriate body under the Domestic Violence Act.
IMPORTANT PROVISIONS:
- Section 125 of the Code of Criminal Procedure,1973 - provides for the maintenance for the child, wife and the parents.
- Section 25 of the Code of Criminal Procedure, 1973 - lays out the role of Assistant Public Prosecutor.
BRIEF FACTS
- The issue in this case was whether a partner in a living-together relationship has the right to claim maintenance. Even though only the "lawfully wedded wife" would have the right to claim maintenance under section 125 of the CrPC, the person would be entitled to do so under the Domestic Violence Act, 2005.
- The bench noted that the petitioner in this case would have a remedy to seek support under the Domestic Violence Act, notwithstanding the fact that she is not the lawfully wedded wife and thus not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973.
- The bench also stated that financial abuse by a partner would be considered domestic violence under the Domestic Violence Act. The victim would be entitled to more remedy under the provisions of the DVC Act, 2005 than under Section 125 of the Code of Criminal Procedure, 1973.
QUESTIONS RAISED
- Whether the living together of a man and woman as husband and wife for a considerable period of time would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to seek maintenance under Section 125 Cr.P.C?
- Whether a strict proof of marriage is essential for a claim of maintenance under Section 125 Cr.P.C. having regard to the provisions of the Domestic Violence Act, 2005?
- Whether a marriage performed according to the customary rites and ceremonies without strictly ful`lling the requisites of Section 7(1) of the Hindu Marriage Act, 1955, or any other personal law would entitle the woman to maintenance under Section 125 Cr.P.C.?
ANALYSIS BY THE COURT
- The petitioner would be entitled to seek relief under the Protection of Women from Domestic Violence Act, 2005, assuming she is not the legally wedded wife and thus not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, according to the three-judge bench of the Supreme Court. Domestic violence, according to the requirements of the Domestic Violence Act, also includes economic abuse.
- According to the Supreme Court, a live-in partner can claim support under the Domestic Violence Act of 2005. In this case, the Appellant was in a live-in relationship from which she had a kid. The couple eventually divorced, and the appellant sought support from her spouse, which the family court in Gamlo granted, granting her Rs.2000 per month for herself and Rs.1000 for the child. The partner made an appeal in the High court, in which the court held the family court's decision to be erroneous and passed judgement in favour of the partner. Then, the appellant went to the Supreme Court. A live-in partner would be entitled to broader relief than what is envisioned under section 25 of the Code of Criminal Procedure, 1973, according to the three-judge Bench.
CONCLUSION
In India, live-in relationships are becoming increasingly popular. The law does not dictate how we should live; ethics and social standards define what it means to live in a welfare state. The Court recognises that even if the law says something isn't a crime, it can nonetheless be immoral.Although the concept of a live-in relationship is frowned upon by society, is not viewed as illegal in the eyes of the law. Living together is a right to life, according to the Supreme Court, and hence cannot be considered criminal. The court has also worked to improve the lives of women and children born into violent relationships by clarifying their rights under the Domestic Violence Act of 2005 if the relationship is determined to be abusive.
Learn the practical aspects of Domestic Violence Act HERE and CrPC HERE
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