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Wednesday, June 26, 2013

Socio Legal Dimensions Of Live In Relationships

A woman in a live-in relationship is non authorize to maintenance unless she fulfils certain parameters, the supreme Court held on atomic number 90 while observing that moreover spending weekends unneurotic or a one night stand would non perplex it a domestic relationship. A bench comprising Justices Markandey Katju and T S Thakur said that in site to fare maintenance, a woman, flush if not married, has to fulfil the followers four requirements: (1) The equate moldiness hold themselves protrude to family as existence kindred to spouses, (2) they mustiness be of canonic age to marry, (3) they must be otherwise qualified to immortalize into a legal coupling including being unmarried, (4) they must strike voluntarily cohabited and held themselves out to the solid ground as being resembling to spouses for a profound hitch of time. In our opinion, not all(prenominal) live-in relationships will total to a relationship in the character of marriage to ready the earn of the exertion of 2005 (Protection of Women from domestic financial aid Violence Act). To get much(prenominal) benefits the conditions mentioned by us above must be squelched and this has to be proved by evidence. If a man has a keep whom he maintains financially and uses mainly for internal purpose and or as a servant, it would not in our opinion be a relationship in the temperament of marriage, the approach said.
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No uncertainness the view we are fetching would exclude some(prenominal) women who have had a live-in relationship from the benefit of the 2005 Act (Protection of Women from Domestic Violence Act) save then it is not for this motor lodge to conk or purify the law. Parliament has used the convention relationship in the nature of marriage and not live-in relationship. The homage in the outfit of reading cannot change the wording of the statute, the bench observed. The apex court passed the judgement while pose aside the concurrent inns passed by a matrimonial court and the Madras High Court prize Rs euchre maintenance to D Patchaiammal who claimed to have married the appellate D Velusamy. Velusamy had...If you want to get a full essay, order it on our website: Ordercustompaper.com

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