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Live in relationships & alimony

Live In Relationships & Alimony : Supreme Court View

Friday, October 22, 2010

A Supreme Court Bench has said, “An unmarried woman will not be able to claim maintenance by merely spending weekends together or a one night stand would not make it a domestic relationship. Not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (The Protection of Women from Domestic Violence Act, 2005) . To get such benefit the conditions mentioned must be satisfied, and this has to be proved by evidence. If a man has a ‘keep’ whom he maintains financially and uses mainly for s*xual purpose and / or as a servant it would not, in our opinion, be a relationship in the nature of marriage”. The Supreme Court stated that a ‘relationship in the nature of marriage’ is akin to a common law marriage. For the purposes of claiming benefits under the domestic violence law, the claimant must satisfy four requirements i.e. (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including being unmarried and (d) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.



Learning

 3 Replies

Tajobsindia (Senior Partner )     14 October 2012

1. Agreed;

(a)
the couple must hold themselves out to society as being akin to spouses;
(b) they must be of legal age to marry;
(c) they must be otherwise qualified to enter into a legal marriage, including being unmarried and
(d) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.


2. Prudent remedy: Change every 6 months live-in partner (ensure 180 days continuous stay is not recorded by HER). Simple supply and demand is equal to Law of Economics of Arrangements thy poor Indian males’ equity, good conscience and justice.
Reasoning:
Today marriages have come to that level where within 15 days (pan India stats.) wife leaves and next 4 years (pan India stats) husband struck in Court cases and after clean chit and that also by meeting huge payments what they do next ? Re-marriage against which if as per prudent para 2 partners are changed every 6 months the soicety's strain in larger public interests are less and less and then surrogacy is already there as option for that "apple of eyes" justification out of wedlock for old folks at home to "adjust" instead of parting their hard earned self made property to a DIL + 20% salary to housewife's further read with 1 night stand as in jail tea stopovers so on so forth....... thus marriages have to be made expensive so that an parallel secondary Industry grows in leaps and bounds.

Do aam adami agree the larger harmony gifted to the very society by lordships hinted in para 1 sub para (a) and (d)!

 

3. Further Live – in concept is not akin to Jamindari hence Indian males’ have to readily come out of their 12th. Century mindset now re-moulded into 22nd. Century to officiate para 2 WITH everlasting refreshed mind, body and soul hence tension na dene ka na lene ka.

stanley (Freedom)     15 October 2012

Originally posted by : R. K. Prajapati


Live In Relationships & Alimony : Supreme Court View

Friday, October 22, 2010

A Supreme Court Bench has said, “An unmarried woman will not be able to claim maintenance by merely spending weekends together or a one night stand would not make it a domestic relationship. Not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (The Protection of Women from Domestic Violence Act, 2005) . To get such benefit the conditions mentioned must be satisfied, and this has to be proved by evidence. If a man has a ‘keep’ whom he maintains financially and uses mainly for s*xual purpose and / or as a servant it would not, in our opinion, be a relationship in the nature of marriage”.

Yeah if it is not in the relationship of marriage than the female would turn it into a rape scence and abstract money not in the form of maintanence but by blackmailing the male to a settlement of a few lakh rupees ( which would be equivalent to permanent Alimoney ) or he has to land up in jail :)

 

Amit (NA)     15 October 2012

"For the purposes of claiming benefits under the domestic violence law, the claimant must satisfy four requirements i.e. (c) they must be otherwise qualified to enter into a legal marriage, including being unmarried"

Does the above mean that if a man awaiting a divorce starts a live-in relationship, his live-in partner can't use DVA on him? Does the same go with 498A?


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