Showing posts with label Maintenance. Show all posts
Showing posts with label Maintenance. Show all posts

Sunday, May 13, 2018

Complaint Of Domestic Violence Can Be Filed Even After Divorce: Supreme Court

A woman can lodge a complaint under the domestic violence law against the excesses committed by her husband even after the dissolution of marriage, the Supreme Court has said.

The top court refused to interfere with the order of the Rajasthan High Court which held that the absence of subsisting domestic relationship in no manner prevents a court from granting relief to the aggrieved woman.

The high court had passed the order while adjudicating a matrimonial dispute.

A bench of justices Ranjan Gogoi, R Banumathi and Navin Sinha dismissed the appeal against the high court verdict, saying it was not inclined to interfere with the order in the facts of the case.

It was contented that husband-wife relationship often ends on an acrimonious note and if the provisions of the Act were allowed to be used retrospectively, then it would further increase the acrimony and rule out the possibility of any compromise.

He said that legislature's purposive interpretation has to be kept in mind while interpreting any provisions of the law.

The bench, however, refused to agree and declined to interfere with the high court order in the facts of the case.

The high court had held on October 30, 2013 that the subsistence of marriage or domestic relationship was not a condition precedent for an aggrieved person to invoke the protection orders and other reliefs under the provisions of the Act.

"If the aggrieved person had been in domestic relationship at any point of time even prior to coming into the force of the Act and was subjected to domestic violence, the person is entitled to invoke the remedial measures provided under the Act,

The high court had said cited an example saying that even after the dissolution of marriage between the parties, if an ex-husband attempts to commit an act of violence such as entering the place of employment of the divorced wife, trying to establish contact with her or causing violence to her dependents or other relatives, she is not precluded from seeking protection orders under the law.

If the divorced husband attempts to dispossess the woman from the shared household or property jointly owned, she can approach a court for appropriate relief.



https://www.ndtv.com/india-news/complaint-of-domestic-violence-cruelty-against-can-be-filed-even-after-divorce-says-supreme-court-1851293

Monday, May 11, 2015

Supreme Court upholds maintenance for live-in partners

The Supreme Court said if a live-in relationship breaks down, the man is bound to pay maintenance to the woman and the children born from the relationship. 

A bench of Justices Vikramajit Sen and A M Sapre dismissed a petition by a man who claimed that since he was already married before entering into the live-in relationship, his partner could not claim the status of a wife to be legally entitled to maintenance under Hindu Marriage Act. 

The petition was filed by 'Z', who works in Bollywood, challenging an order of the Bombay high court, which had held that his live-in partner of nine years and the child were entitled to maintenance after their relationship ended. 'Z' argued that he was legally married to another woman for the last 49 years, hence his live-in partner was not entitled to maintenance as she was well aware of his marital status. 

He said his live-in partner was a 'call girl' and alleged that she had decided to live with him on her own wish since 1986. They lived together for nine years and a child was born to them in 1988. 

Justices Sen and Sapre slammed 'Z' for referring to his erstwhile live-in partner as a 'call girl' and said he was a philanderer as he was living with another woman despite being married. 

"How absurd is your argument. You yourself went for the live-in relationship but now you are branding the poor lady as call girl. You are such an idiot that you went for a relationship. You are yourself a philanderer as you got into a relationship despite being married," the bench said. 
In this case, the woman had first approached the family court in Bandra for declaration of their relationship as husband and wife. The court, however, refused her plea after 'Z' told the court that he was already married to someone else. She then approached the HC which had said she was eligible to claim maintenance for herself and her daughter. 'Z' challenged the HC order in the apex court. 

The court in its various orders has recognized the concept of live-in relationship in society. It has gone to the extent of saying that if a man and woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were legally married. 

In April, the apex court had said continuous cohabitation of a couple would give rise to the presumption of a valid marriage and it would be for the opposite party to prove that they were not legally married. 
"It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin," it had said.

http://timesofindia.indiatimes.com/india/Supreme-Court-upholds-maintenance-for-live-in-partners/articleshow/47169351.cms