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Legal Updates

Legal Updates

 

As per the Hindu Marriage Act, 1955, the court may order the payment of maintenance. This is to help the women to maintain the same standard of living after divorce. If the marriage is not in Hindu law, the woman is eligible to claim maintenance under Section 125 of the Criminal Procedure Code.

The live-in relationship status is treated as a marriage in the eyes of the law. Therefore, a woman who was in a live-in can also claim maintenance from the live-in partner under the Code of Criminal Procedure. Also, if the partners have been in a live-in relationship for a long time, then there is no need to provide strict proof of marriage.

The victim, i.e. the wife or the live-in partner, can claim relief under the Protection of Women from Domestic Violence Act, 2005, even if she is not eligible for a claim as per the Criminal Procedure Code. The victim woman can claim even higher relief under the Protection of Women from Domestic Violence Act than what is contemplated under the Code of Criminal Procedure.