Supreme Court upholds maintenance for live-in partners

NEW DELHI: The Supreme Court on Tuesday 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.

READ ALSO: Couple living together will be presumed married, SC rules

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.

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