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MP HC Grants Allowance To Woman in Live-In Relationship After Split, Sparks Debate

The Madhya Pradesh High Court on Saturday ruled that a woman living with a man for a considerably long period of time is legally entitled to allowance on separation despite the fact that they were not legally married.

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Madhya Pradesh High Court has taken a significant step in recognising the rights of women in live-in relationships. In its landmark judgement the MP HC ruled that women in long-term live-in relationships are entitled to claim maintenance from their partners after separation even if they are not legally married.

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The ruling was a response after a petitioner challenged a trial court's order where a man in a long-term live-in relationship was ordered to pay Rs 1,500 monthly allowance after separating from the woman with whom he also shared a kid. The HC emphasises that the allowance must not be denied even in live-in relationships if long-term cohabitation is proven even without legal marriage.

MP HC: Women In Long Live-In R'ship Entitled To Allowance After Split

Recognising the modern-day live-in relationships, in a progressive move by MP's HC Justice JS Ahluwalia delivered a judgement dismissing a petition filed by a man challenging a lower court order directing him to pay monthly maintenance to a woman he had cohabited with for a significant period. The couple also had a child together.

The court recognized that a long-term live-in relationship constitutes a "relationship in the nature of marriage" for the purpose of claiming maintenance under relevant provisions of the Code of Criminal Procedure (CrPC)

The court emphasised that women in such partnerships deserve financial support after separation, especially if they have contributed financially or domestically to the relationship with a proven cohabitation for a significant period. The court also affirmed the woman's entitlement to the monthly allowance considering the birth of a child within the relationship.

This judgment is a significant step towards recognizing the rights of women in live-in relationships, which are increasingly common in India. While live-in partnerships are not formally recognized as marriages under Indian law, this ruling offers much-needed financial security for women who may have dedicated years to a relationship and potentially given up career opportunities or made financial sacrifices along with involving emotionally.

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This judgement also paves the way for further legal evolvement strengthening the rights of women and empowering women in tough situations with legal rights.

However, it is important to note that this is a single high court decision and may not automatically set a legal precedent across India.

This decision has sparked a crucial conversation about the legal rights of individuals in live-in partnerships with many netizens having an opinion that allowances to be imposed only if there is an involvement of a child as a user wrote: "I'd understand if they had a child together, but anything other than that is unacceptable."

While many others questioned 'Why can't women earn for themselves?' one user wrote: "Why can't women maintain themselves? Are they children?" with the comment having 517 likes already. 

Rights of women in live in relationships Live-In relationships In India
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