Maintenance for Live-ins as well
Posted on June 30, 2008 in Current Affairs by Danteshwari
Maintenance should be given to woman who is deserted after being in a live-in relationship. The definition of “wife” as described in section 125 of CrPC, which concerns itself with maintenance, needs to be redefined. It should include women in live-in relationship. The National Commission for Women made this recommendation to the ministry of women and child development.
The purpose of this recommendation is to ensure the harmonization of this law with the Protection of Women from Domestic Violence Act. This Act treats a live-in relationship equal to that of a married couple.
The NCW also favors amendment to section 125, stating that adultery should not be a ground for denying maintenance. Section 125 allows maintenance for wife, children as well as parents, who are not in a position to maintain themselves. Maintenance can be claimed by a wife, who has been either divorced or has obtained divorce, or is legally separated and does not marry again.
Girija Vyas, chairperson of NCW emphasizing on a broad based definition claims that in many cases that the woman was misled by the man who claimed either to be unmarried, a divorcee or a widower and made the woman to go through the Hindu Marriage Act. In course of time, the woman realized that he was not married and this places her in a situation where she was not his legal wife and was not entitled to the provisions of section 125. Children from such marriages should also be able to claim maintenance.
source:TOI June 30th,2008
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