Socio Legal Dimensions Of Live In Relationships

A woman in a live-in relationship is non authorise to maintenance unless she fulfils certain parameters, the Supreme Court held on atomic number 90 while observing that merely spending weekends unneurotic or a one night stand would not need it a domestic relationship. A bench comprising Justices Markandey Katju and T S Thakur said that in order to fare maintenance, a woman, blush if not married, has to fulfil the following four requirements: (1) The equate must hold themselves protrude to society as existence similar to spouses, (2) they must be of ratified age to marry, (3) they must be otherwise qualified to enter into a legal trade union including being unmarried, (4) they must have voluntarily cohabited and held themselves out to the population as being akin to spouses for a profound flow of time. In our opinion, not all live-in relationships will total to a relationship in the nature of marriage to start up the welfare of the Act of 2005 (Protection of Women from domestic help Violence Act). To get much(prenominal) benefits the conditions mentioned by us above must be squelched and this has to be proved by evidence. If a man has a keep whom he maintains financially and uses mainly for sexual purpose and or as a servant, it would not in our opinion be a relationship in the nature of marriage, the address said.

No head the view we are taking would exclude some(prenominal) women who have had a live-in relationship from the benefit of the 2005 Act (Protection of Women from Domestic Violence Act) simply then it is not for this court to conk or mend the law. Parliament has used the ex pression relationship in the nature of marri! age and not live-in relationship. The court in the garb of reading cannot change the phraseology of the statute, the bench observed. The apex court passed the judgement while place aside the concurrent orders passed by a matrimonial court and the Madras High Court awarding Rs euchre maintenance to D Patchaiammal who claimed to have married the appellant D Velusamy. Velusamy had...If you want to get a full essay, order it on our website: BestEssayCheap.com

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