Can I Get Maintenance If I’m Not Legally Married but Lived Together?

Live-in relationships have rapidly gained recognition in comparison to the traditional institution of marriage over the past few decades. In India, the concept of marriage has long been considered a divine or sacred bond between the husband and wife. It is widely accepted both socially and legally in society. However, there has been a change in perspective in recent times; individuals, especially the younger generation, are preferring live-in relationships. According to a recent survey, 80% of people aged 18-35 years consider living-in as a way of life. Live-in relationships refer to a situation where couples live together, similarly to married couples, but without marriage. This Western concept, often regarded as taboo, challenges the concept of traditional marriage, especially in terms of the rights of individuals. Before exploring the right to maintenance arising from live-in relationships, it is essential to understand their legal recognition.

This article simplifies the complexities of the right to maintenance in live-in relationships by breaking down the conditions, grounds, and other relevant concepts associated with this prominent issue.

LEGAL RECOGNITION OF LIVE-IN RELATIONSHIPS –

The legal status of live-in relationships is full of complexities because there is no specific legislation that recognizes them. However, honorable Courts of different states and the Honorable Apex Court of India have ruled that any couple living together as husband and wife for a long time will be presumed to be legally married. The Supreme Court has also held that such a relationship is not a criminal offence or illegal, but also does not recognize it as legal. Furthermore, live-in relationships neither confer the same rights as married couples nor are they governed by any specific legislation.

In the case of Lata Singh v State of UP (2006) 2 SCC (Cri) 478, the Supreme Court held that individuals who are unmarried and have attained the age of majority are eligible to enter into heterosexual live-in relationships. The relationship cannot be a walk-in and walk-out relationship; it must be for a long period, which leads to a presumption of marriage between them unless otherwise proved.

In the case of S. Khushboo v. Kanniammal (2010) 5 SCC 600, the Supreme Court held that individuals who are living together as a married couple without marriage cannot be said to be committing an offence. The Bench observed that – “When two adult people want to live together, what is the offense? Does it amount to an offense? Living together is not an offense. It cannot be an offense.”

MAINTENANCE UNDER LIVE-IN RELATIONSHIPS

Women who are in a live-in relationship have the right to claim Maintenance under the following provisions –

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – This provision governs maintenance in India, which states that maintenance can be provided to the wife, children, and parents who are unable to maintain themselves.

The narrower interpretation of “wife” refers to a woman who is legally married to a man. Only these women have the right to maintenance under the Act. However, in recent times, a wider interpretation of the aforesaid term has been adopted by Courts to include even those women who are in a live-in relationship with a man.

Moreover, the Malimath Committee on Reforms of Criminal Justice System, in its report of 2003, recommended broadening the ambit of the term “wife” under Section 144 of BNSS, 2023(previously Section 125 of CrPC), to include those women who are living with a man without marriage.

Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 – The Act provides additional safeguards for women in live-in relationships regarding maintenance.

Women partners in such relationships are covered under this section, as the term “Domestic relationship” includes live-in relationships. Courts have stated that such a relationship must satisfy the condition of being a “relationship like marriage”.

Women are entitled to palimony, i.e., maintenance, if they have lived with a man for a significant amount of time in the absence of marriage, upon complaint under the PWDV Act, 2005.

JUDICIAL PRECEDENTS -

Velusamy v. Patchaiammal (2010) 10 SCC 469 – The Supreme Court laid down a special test to determine whether live-in relationships would be considered “a relationship like marriage”. The Criteria include:

• The couple should have intended to live as spouses in society.

• They should be of legal age, i.e., major.

• They should be legally eligible to enter into marriage.

• They should be cohabiting voluntarily for a long period.

CHANMUNIYA V. VIRENDRA KUMAR SINGH KUSHWAHA (2011) 1 SCC, 141 –

In this landmark case, the Supreme Court observed that a broad and expansive interpretation should be given to the term “wife,” and it must include cases where a man and woman have been living together as husband and wife for a reasonably long period. There is no need for strict proof of marriage as a precondition for maintenance under Section 125 of the CrPC.

CONDITIONS FOR MAINTENANCE –

There are certain conditions stated by the Court that women in live-in relationships must satisfy to claim maintenance. These are:

• The couple must live together as akin to were spouses in society.

• Both individuals must have attained the marriageable age.

• They must be legally eligible to enter into a legal marriage.

• They must have lived together voluntarily.

In Conclusion, we can conclude that a woman can get maintenance even if she has been in a non-marital relationship. While such relationships do not confer all the rights available within marriage, few rights, particularly the right to maintenance, have evolved through progressive landmark judgments. The absence of any specific legislation remains a significant drawback in the legal system, and there is also a need to shift in societal perspective. Furthermore, the amount of maintenance will always depend upon the facts and circumstances of each case.