Can a live-in partner claim maintenance from the other partner
Divya and Nitin are a young Hindu couple, who began dating when they met at a party several years ago. They have now lived together for 6 years as a loving couple. They are both architects living in Bombay. Two years ago, Divya fell severely ill with an unknown but crippling virus. She has not been able to return to work, so Nitin has been supporting both of them financially by mutual agreement. Divya has been able to take care of their home in this period.
Last October, Nitin decided that he wanted to move back to live with his parents. He has agreed to an arranged marriage to someone else because of family pressure.
Can Divya seek maintenance from Nitin? The case, if taken ahead, would go to trial before the Bombay Trial Court.
Asked 2 years ago in Family Law from Jaipur, Rajasthan
1) since they have had a live in relationship for 6 years lady can seek maintenance from her partner under provisions of domestic violence act
2) she can also seek alternative accommodation
3) complaint had to be filed in magistrate court in Mumbai
Yes if Divya wants she can claim maintenance from Nitin since court considers live in partners as husband-wife. The correct forum is Bombay Family Court.
Yes she can claim maintenance from him under section 20 of domestic violence act 2005.
She has to filed a complaint before criminal court under section 12 of domestic violence act and claim protection, right to residence, maintenance and compensation under section 18,19,20&22 of the act.
She can file the case before the court where she is presently residing.
Advocate, New Delhi
How can we use domestic violence act under this case as there has been no violence occurred between the couple?
Asked 2 years ago
1) it is not necessary there should be physical abuse .
2) definition of domestic violence covers even economic abuse
3) as live in partner you are entitled to be maintained by Nitin with whom you had a relationship akin to marriage
4) you can seek right to stay in shared household and other reliefs
After the long relationship the person who left the girl at this situation then this is a domestic violence as mental cruelty too.
Apart from the domestic violence case she can file a maintenance case under section 125 of criminal procedure code for maintenance too.
Advocate, New Delhi
1 yes she can file case of maintenance under domestic violence act.
2. Refusal to maintain live in partner is economic abuse which comes under the purview of DV Act.
3. So she can seek relief under the said act.
if no violence has taken place then why you want to file a case under Domestic Violence as such it's only Divya who can file under this Act.
Refusal to maintain will be an offence under the provisions of protection of women against domestic violence act. She can file a petition seeking maintenance under the provisions of this act because the act is very clear that if she had lived with him there subsisted a domestic relationship with him hence she is eligible for maintenance under the act.
1. Yes, though they are not married conventionally, they acted as husband and wife for a long time,
2. Divya can claim maintenance from her partner in case he wishes to deserte her to marry some other girl.
1. No DV case arises here unless Divya wishes to file a false case against Nitin to harass him,
2. But the problem is that application u/s125 can not be filed as a stand alone application. it shall have to be filed with divorce or RCR case,
3. So, here Divya shall have to file a DV case alleging his leaving her which amounts to cruelty and alongwioth that she can claim maintenance amount for herself.
1. This seems to be a moot court query.
2. Divya cannot seek maintenance from Nitin as the latter never subjected the former to an act of violence.
3. Nitin is at liberty to move in with his parents without incurring any liability to lend financial support to Divya.