A woman in a live-in relationship should be entitled to maintenance if she is deserted by her man, the National Commission for Women has said. In far-reaching recommendations to the ministry of women and child development, the commission has sought a change in the definition of ‘‘wife’’ as described in Section 125 of CrPC, which deals with maintenance and suggested that it include women involved in a live-in relationships.
The move aims to harmonize other sections of the law with the Protection of Women from Domestic Violence Act that treats a live-in couple’s relationship on a par with that between a legally married husband and wife. NCW also sought another significant amendment to Section 125, saying that said adultery should no longer be a ground for denying maintenance to a woman. ‘‘We have found in 70% of divorce cases, adultery is used to discredit the woman. Not only is she thrown out of the house, but is also disgraced and denied her rights,’’ NCW chairperson Girija Vyas said.
Section 125 provides for maintenance of wife, children and parents, who cannot maintain themselves. Maintenance can only be claimed by a woman who is a wife, has either been divorced or has obtained divorce, or is legally separated and is not remarried. Pointing to the need for broad-basing the definition of wife in the section, commission officials said there had been many cases where the man led the woman to believe that he was unmarried or was divorced or widowed and went through the formalities required by the Hindu Marriage Act or the custom governing him.
‘Long-term relationship valid to claim alimony’
The move by National Commission for Women to seek a change in the definition of ‘‘wife’’ is aimed at harmonizing other sections of law with the Protection of Women from Domestic Violence Act that treats a live-in couple’s relationship on a par with that between a legally married husband and wife.
NCW chairperson Girija Vyas said, ‘‘Even if the marriage is not registered, if the woman can provide enough proof of a long-term relationship, her claim will stand.’’
Children of such relationships can also claim maintenance from the father, according to the NCW suggestion. This has been supported by several Supreme Court orders too.
The commission has also suggested that parents seeking maintenance from their sons or daughters should be able to file a case from where they reside rather than from where their offspring live.
With thanks from The Times of India 30 June 2008 P. 1 Delhi
With thanks from The Times of India 30 June 2008 P. 1 Delhi
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