D. Velusamy v. D. Patchaiammal AIR 2011 SC 479

D. Velusamy v. D. Patchaiammal
AIR 2011 SC 479: 2011 Cri LJ 320: 2010 (13) SCR 706: 2010 (11) SCALE 112

Decided on: 21-10-2010;

Hon’ble Judges: Markandey Katju and T.S. Thakur, JJ., Supreme Court of India

LIVE IN RELATIONSHIP — RIGHT OF MAINTENANCE

Facts: Appellant alleged to have married according to Hindu Customary Rights with L, out of which male child was born. Petitioner appellant was working as Teacher in School. Respondent D filed petition under section 125 CrPC before Coimbatore FC in which she alleged to have married appellant and live together in her father’s house for 2-3 years. That appellant left house of respondent but would visit respondent occasionally. She alleged that she did not have any kind of livelihood and unable to maintain herself whereas appellant was earning Rs. 10000/- per month. Appellant directed to pay Rs. 500/- per month as maintenance to respondent.

Issue: Whether Live in Relationship amount to claim to relationship in nature of marriage to claim right of maintenance?

Held: Not all live-in relationships will amount to relationship in the nature of marriage to get benefit of POWD Act. If a man has kept a woman whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, in court opinion, be a relationship in the nature of marriage. HC & FC erred in law holding appellant was not married to L without even issuing notice to L. This finding was set aside. Matter remanded to HC which may issue notice to L and give fresh finding in accordance with law after hearing her.