38.6c New Delhi, India, Friday, August 29, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Live-In Partner Entitled To Maintenance Under Domestic Violence Act, Says SC [Read Order]

By LawStreet News Network      02 November, 2018 12:00 AM      0 Comments
Live-In Partner Entitled To Maintenance Under Domestic Violence Act, Says SC [Read Order]

The Supreme court on October 30, 2018, in the case of Lalita Toppo v. State of Jharkhand and Anr., observed that the live-in partner is entitled to seek maintenance under the provisions of Domestic Violence Act, 2005.

A three-judge Bench consisting of CJI Ranjan Gogoi, Justices U.U. Lalit and K.M. Joseph was considering the questions referred to it by a two-judge Bench of Justices T.S. Thakur and Kurian Joseph in the same case earlier on November 24, 2015.

Prior to that, the Jharkhand High Court had held that under Section 125 of the Code of Criminal Procedure, 1973, a women cannot claim maintenance from a person with whom she is not legally married.

The apex court in its latest judgement observed that though the appellant is not a legally wedded wife and thus cannot claim maintenance u/s 125 Cr.P.C., she can seek maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005. Economic abuse also constitutes domestic violence, the court observed.

The appellant, in this case, was in a live-in relationship out of which she also had a child. The couple then fell apart and the appellant sought maintenance from her partner which the Family Court at Gumla allowed, awarding Rs. 2000 p.m. towards her and Rs. 1000 towards the child.

Aggrieved by this order, her partner approached the High Court of Jharkhand which held the family courts verdict to be erroneous.

The appellant then approached the apex court assailing the correctness of HCs order.

A two-judge bench of the top court, taking into account three of its earlier cases viz. Chanmuniya v. Virendra Kumar Singh Kushwaha and Anr., Yamunabai Anantrao Adhav v. Anantrao Shiv Ram Adhav and Anr. and Savitaben Somabhai Bhatiya v. State of Gujarat and Ors. formulated three questions and referred them to a larger bench.

The three questions were:

  1. 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?
  2. 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?
  3. Whether a marriage performed according to the customary rites and ceremonies without strictly fulfilling 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.?

 

A three-judge bench though declined to answer the questions saying that in its view the questions do not require any answer and directed the appellant to approach the appropriate forum under the Domestic Violence Act, 2005.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS


TOP STORIES

adult-woman-free-to-live-with-married-man-personal-autonomy-prevails-over-morality
Trending Judiciary
Adult Woman Free To Live With Married Man, Personal Autonomy Prevails Over Morality: Madhya Pradesh HC [Read Order]

Adult woman has right to live with married man, rules MP High Court; says personal autonomy outweighs moral concerns.

23 August, 2025 04:00 PM
sc-issues-notice-to-bci-on-plea-against-3-yr-moratorium-on-new-centre-for-legal-education
Trending Judiciary
SC issues notice to BCI on plea against 3-yr moratorium on new centre for legal education

SC issues notice to BCI on plea challenging 3-year moratorium on new legal education centres, calling it arbitrary and violative of fundamental rights.

23 August, 2025 05:13 PM
punjab-and-haryana-hc-upholds-denial-of-furlough-to-life-convict-rules-temporary-release-is-a-concession-not-a-right
Trending Judiciary
Punjab and Haryana HC Upholds Denial of Furlough to Life Convict, Rules Temporary Release Is A Concession, Not A Right [Read Order]

Punjab & Haryana HC upholds denial of furlough to life convict, rules temporary release is a concession, not a right, under 2022 law.

23 August, 2025 05:16 PM
sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email