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.
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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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In this case, the woman had first approached the family court in Bandra for declaration of their relationship as husband and wife. The court, however, refused her plea after 'Z' told the court that he was already married to someone else. She then approached the HC which had said she was eligible to claim maintenance for herself and her daughter. 'Z' challenged the HC order in the apex court.
The court in its various orders has recognized the concept of live-in relationship in society. It has gone to the extent of saying that if a man and woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were legally married.
In April, the apex court had said continuous cohabitation of a couple would give rise to the presumption of a valid marriage and it would be for the opposite party to prove that they were not legally married.
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"It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin," it had said.
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