The Madhya Pradesh High Court’s decision to grant maintenance upon separation to a woman living with a man for an extended period of time, even if they are not legally married, represents a major step towards the recognition of women’s rights in live-in relationships.
The decision was made in response to a petitioner who had contested a trial court order mandating that he give a woman he had been living with a monthly allowance of $1,500.
In a progressive move, the judges emphasized that maintenance cannot be denied if there is evidence of cohabitation between the couple. The High Court cited the trial court’s finding, which concluded that the man and woman had been living as husband and wife. Additionally, considering the birth of a child within the relationship, the court affirmed the woman’s entitlement to maintenance.
This important ruling highlights how India’s laws governing live-in partnerships are changing. It denotes a break from custom and an understanding of the rights and vulnerabilities that women have in these kinds of relationships.
Uttarakhand introduced a uniform civil code in February to give all citizens access to consistent laws regarding inheritance, land, divorce, and marriage. A section of the bill required live-in relationships to be registered. Additionally, it specifies that if the couple consists of adults under the age of 21, their parents will be informed.
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