Madras High Court Declares That Unregistered Live-In Partners Can Seek Maintenance
- ByAdmin --
- 04 Mar 2025 --
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In a progressive interpretation of domestic relationship laws, the Madras High Court has ruled that a woman in a live-in relationship—even if the relationship is not formally registered—can still seek maintenance under domestic violence laws. The order, delivered by Justice P. Natarajan, expands the protective umbrella for women in non-marital partnerships, aligning legal recognition with modern social realities.
Background
The case involved a live-in partner who, after separation, sought monthly maintenance from her former partner under the Protection of Women from Domestic Violence Act, 2005. The man opposed the claim, arguing that the relationship was informal, without any legal commitment or registration.
Court’s Observations
Justice P. Natarajan held that:
• Substance over Formality: Courts must consider the economic dependence created during the relationship, irrespective of marital status.
• Legal Evolution: In modern society, cohabitation often creates financial interdependence, especially for women who may have sacrificed career prospects for household duties.
• Preventing Economic Abandonment: The Domestic Violence Act’s protective intention must not be confined to married women but must extend to all domestic partnerships where economic dependency exists.
Implications
This judgment is likely to influence family courts across India, encouraging them to adopt a broad, purposive interpretation of maintenance rights. It aligns Indian jurisprudence with global trends, where courts increasingly recognize the rights of unmarried cohabitants.
Conclusion
The Madras High Court’s progressive stance is a bold step toward gender justice, acknowledging that women in live-in relationships deserve financial protection when those relationships break down.
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