Maintenance even if together for short period

A woman in a short-term live-in relationship with her partner is also entitled to maintenance under the Domestic Violence Act, reports Sumit Saxena.

A woman in a short-term live-in relationship with her partner is also entitled to maintenance under the Domestic Violence Act.

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A city court has directed a man to pay Rs 75,000 per month as maintenance to his live-in partner of more than 20 years from the date of filing the complaint till disposal of the complaint.

The Metropolitan Magistrate said, “The provision does not say that they (living partners) should have lived for a
particular period or for
a few days.”

“The woman is eligible for maintenance, even though she was living with her partner together at various points in time.” Sheila and Vikas (names changed) were in a live-in relationship for more than 20 years.

Sheila had approached the court stating that Vikas cheated on her by denying all monetary benefits promised to her. She also claimed that she has been subjected to various kinds of violence.

The court dismissed the defending counsel’s contention that the duo was just living together and the nature of relationship was not of a husband and wife.

Vikas’ counsel also contended that Sheila, while having a relationship with his client, had also been involved with various other men and raised objections on her character.

The court rubbished the contention stating: “It is true that the conduct of a complainant is relevant but at this stage we are concerned with the conduct of the complainant in relation to the present case.”

Referring to the report of the protection officer, the judge said prima-facie the complainant (Sheila) was subjected to acts of domestic violence by the respondent.

The court has restrained Vikas from dispossessing Sheila from equal share in various household properties located in Delhi and NCR.