Socio Legal Dimensions Of Live In Relationships

A woman in a live-in relationship is non empower 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 thrust it a domestic relationship. A bench comprising Justices Markandey Katju and T S Thakur said that in order to fare maintenance, a woman, correct if not married, has to fulfil the following four requirements: (1) The equate mustiness hold themselves protrude to society as existence akin to spouses, (2) they must be of ratified age to marry, (3) they must be otherwise qualified to enter into a legal jointure including being unmarried, (4) they must have voluntarily cohabited and held themselves out to the man 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 beguile the well-being of the Act of 2005 (Protection of Wo men 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 judiciary said.

No uncertainty 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) precisely then it is not for this court to conk or advance the law. Parliament has used the expression relationship in the nature o f marriage and not live-in relationship. The! court in the garb of reading cannot change the linguistic process of the statute, the bench observed. The apex court passed the judgement while range 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: OrderEssay.net

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