Can a live in partner claim maintenance under section 125 in Indore?
Yes, a live-in partner can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) in Indore, Madhya Pradesh, India. The Supreme Court of India has ruled that live-in relationships are a valid form of relationship, and that partners in live-in relationships are entitled to certain rights and protections under various laws, including Section 125 CrPC.
To claim maintenance under Section 125 CrPC in Indore, a live-in partner must prove the following:
- That they lived with the respondent in a relationship in the nature of marriage for a continuous period of at least two years.
- That they are unable to maintain themselves due to lack of financial resources or due to physical or mental inability.
- That the respondent has sufficient financial resources to pay maintenance.
If the court is satisfied that the live-in partner meets all of the above criteria, it can order the respondent to pay maintenance to them. The amount of maintenance will be determined by the court based on a variety of factors, including the financial resources of the respondent and the needs of the live-in partner.
To file a maintenance petition under Section 125 CrPC in Indore, the live-in partner must file an application in the Magistrate’s Court. The application must be accompanied by an affidavit setting out the facts of the case and the evidence in support of the claim.
The court will then issue a summons to the respondent, directing them to appear in court. The respondent will have an opportunity to file a reply to the petition and contest the claim.
After hearing both sides, the court will decide whether to grant the maintenance petition. If the court grants the petition, it will order the respondent to pay maintenance to the live-in partner. The court may also order the respondent to pay the live-in partner’s legal costs.
In Abhijit Bhikaseth Auti V. State of Maharashtra and others case, Supreme Court stated that it is not necessary for a woman to strictly establish the marriage to claim maintenance. Under Section 125 of Cr. PC, a woman living in relationship may also claim maintenance under this section.
If you are a live-in partner considering claiming maintenance under Section 125 CrPC in Indore, it is advisable to consult with a lawyer to get help with the process and to ensure that your rights are protected.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304