wife can claim maintenance if she is living in live-in relationship

No, a wife cannot claim maintenance if she is cohabiting with a man in a live-in relationship. In legal terms, a live-in relationship is considered akin to marriage. Consequently, the husband of a woman in such a relationship is not obligated to provide maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C).

Section 125 of the Cr.P.C explicitly outlines that a wife is eligible to receive maintenance from her husband if she is incapable of supporting herself. Sub-section 4 of this section further stipulates that a wife cannot receive an allowance from her husband under this provision if:

She is engaged in an adulterous relationship, or
Without a valid and justifiable reason, she refuses to live with her husband.

In cases where a wife is residing with her partner in a live-in relationship, it is assumed that a sexual relationship exists. Upon establishing the existence of a live-in relationship, the court presumes that the wife is living in adultery, and consequently, she is regarded as having willingly abandoned her husband.

In both of these scenarios, the wife is not entitled to seek maintenance under Section 125 of the Cr.P.C. To be relieved of the obligation to provide maintenance, the husband must demonstrate the existence of a live-in relationship.

Legal acceptance of live-in relationship

A live-in relationship, also known as cohabitation, refers to a situation where an unmarried couple lives together in a domestic partnership, often in a manner that resembles a married couple’s lifestyle. These couples choose to live together and share their lives without undergoing a formal marriage ceremony. Live-in relationships can be based on mutual love, companionship, or any other personal reasons.

In India, the legal acceptance of live-in relationships has evolved over the years. While there is no specific legislation that comprehensively addresses live-in relationships, several legal judgments and developments have provided some recognition and protection for couples in such relationships:

Supreme Court of India: The Supreme Court of India has, in various judgments, recognized live-in relationships as valid. In a landmark case (Indra Sarma vs. V.K.V. Sarma, 2013), the court held that living together without formal marriage is not illegal and does not amount to an offense.
Protection of Women: The Protection of Women from Domestic Violence Act, 2005, offers protection to women in live-in relationships by defining them as “aggrieved persons.” This law allows women in such relationships to seek legal remedies against domestic violence.
Maintenance for Partners: Section 125 of the Criminal Procedure Code (Cr.P.C) allows a woman in a live-in relationship to claim maintenance if she can prove that she is living with a man as his wife in a manner akin to a marriage. But a married woman living in live-in relationship, cannot claim maintenance.
Children’s Rights: The legitimacy of children born in live-in relationships is recognized, and they are entitled to the same rights and privileges as children born to married parents.
Property Rights: Courts have, in some cases, granted women in live-in relationships the right to claim a share of the partner’s property, especially if they have cohabited for an extended period and acquired property jointly.

While the legal environment has become more accepting of live-in relationships, challenges and ambiguities may still arise, particularly in cases involving property disputes, inheritance, and other legal matters.

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

I lied to my boyfriend about my divorce now he refuses to marry

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Husband denied to access my matrimonial home

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.

Alleged Forgery and Misrepresentation: Discrepancies in BPCL Petrol Pump’s Diesel Storage Reported to PESO

Petroleum & Explosives Safety Organisation (PESO) issues license to Bharat Petroleum Corporation’s petrol pumps for storage of Petrol/Diesel. A petrol pump of BPCL illegally filled diesel in a tanker beyond the permissible limits for which a complaint was lodged by me with PESO. PESO asked for an explanation. In its reply, the BPCL officer under reported the quantity of diesel filled in the tanker and in support of his claim, submitted a forged sales data which was prepared after deleting sales entries from the computerised records. The fact that the sales data was forged was brought to the notice of PESO by me after PESO shared BPCL’s reply with me. PESO again questioned BPCL to which they confirmed that their dealer had deleted entries from the data. Subsequently, PESO has written to the police to take action under the Petroleum Act according to which the offence is bailable whereas I am asking PESO to file an FIR since forgery of data, preparation of a false document and its use as a genuine one is a serious offence under the IPC. The PESO officer refuses to do so. Is he right in not filing an FIR ? Am I unjustified in demanding an FIR in the matter ?