Live in relations
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
I WANT TO KNOW WHICH SECTION OF DV ACT DEAL WITH MAINTENANCE OF PARTNER LIVING IN LIVE IN RELATION.BOTH PARTIES ARE ENTITLED OR ONLY WIFE IS ENTITLED.PLS EXPLAIN
M.Sheik Mohammed Ali
(Expert) 10 November 2011
no separete law define live in relationship, a female can get maintenance as per Crpc.125.
ajay sethi
(Expert) 10 November 2011
A Bench of Justice G S Singhvi and Justice Ashok Kumar Ganguly requested the Hon’ble Chief Justice to refer the following, amongst other, questions to be decided by a larger Bench
We are of the opinion that a broad and expansive interpretation should be given to the term ‘wife’ to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Cr.P.C, so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125. We also believe that such an interpretation would be a just application of the principles enshrined in the Preamble to our Constitution, namely, social justice and upholding the dignity of the individual”.
Rajeev Kumar
(Expert) 10 November 2011
I think Mr. Ali is wrong our apex court has held that there is no maintainece for persons who lives in relationship.
ajay sethi
(Expert) 10 November 2011
Woman in live-in relationship entitled to maintenance: Court Saturday, March 13, 2010
Mumbai: In a first of its kind judgement under Domestic Violence Act, a local court has directed a city-based businessman to shell out a monthly maintenance of Rs 10,000 to a bar singer whom he deserted after a live-in relationship
Advocate. Arunagiri
(Expert) 10 November 2011
The author asks whether both the partners are entitled for maintenance.
DV act is meant for only women, only woman can be the petitioner. So, the relief for the male partner is not available under DV act.
Querist :
Anonymous
(Querist) 11 November 2011
adv arunagiri has reightly answered my question
prabhakar singh
(Expert) 11 November 2011
"adv arunagiri has reightly answered my question "
is the right answer anonymous had but was testing the short circuits.
Shonee Kapoor
(Expert) 11 November 2011
The procedure for deciding the maintenance is as per CrPC 125, as detailed in the code.
However, another line is also added that the same should be consummerate to the status she was having in her matrimonial home.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
