Maintenance Rights of Women in Live-in Relationships under the Domestic Violence Act, 2005: A Socio-Legal Analysis

Live-in relationship, maintenance, Domestic Violence Act, relationship in the nature of marriage, women’s rights, feminist jurisprudence, economic abuse, socio-legal analysis

Considering the urbanization, migration, education, economic independence and re-imagining of autonomy and intimacy, live-in relationships have been emerging as a prominent aspect of modern Indian society. Marriage-like domestic relationships are not legally defined as marriage, but Indian Courts and Welfare laws have acknowledged that women in such a relationship might need protection from abandonment, economic abuse and social vulnerability. The object of the Maintenance Rights provided by Protection of Women from Domestic Violence Act, 2005 is to ensure monetary relief, dignity, shelter and economic protection for an aggrieved woman who has lived in a domestic relationship, whether or not the relationship is in the nature of marriage. The paper discusses socio-legal norms of maintenance rights of women in live-in relationships as provided under the Domestic Violence Act. It examines the statutory provisions, constitution, feminist jurisprudence, judicial decisions including D. Velusamy, IndraSarma and Chanmuniya. The paper argues that maintenance should not be taken as a mere financial dependence of a woman on her husband because the person from whom the maintenance is sought, in a live-in relationship case, may be either a male partner or a live-in partner. The study concludes that although evidence-based protections have been expanded in judicial interpretations, women continue to encounter clear burdens of proof, stigma in society, delays in receiving relief, and inconsistent standards for such relief. The paper calls for more concrete statutory provisions, more robust interim relief, greater legal aid, and judicial interpretation and greater social awareness that are sensitive to gender.