Does my boyfriend have the right to claim my salary for his maintenance? I have been in a relationship with my boyfriend since 2015. He is not doing well and always demands money from me. When I refuse to pay, he threatens me that he may file a case for maintenance and share our photographs on the internet. These incidents have been happening for the last two months since I switched my job and settled in Mumbai. Please suggest.
It is not possible for your boyfriend to claim maintenance as he is capable of earning and is an able-bodied person. Additionally, live-in relationships that last for a considerable duration are treated as marriage-like relationships under various laws, including the Domestic Violence Act and the Hindu Marriage Act. As a result, the parties involved in such relationships have certain rights and obligations.
The Supreme Court of India, in the case of Indra Sarma vs V.K.V. Sarma (2013), declared that prolonged live-in relationships may result in a dependency and vulnerability, particularly for women and children born out of such relationships. The court acknowledged the growing number of live-in relationships and emphasized the need for adequate protection for those involved.
The legal protection afforded to live-in relationships, akin to marriage-like relationships, does not include an obligation on the girlfriend's part to provide maintenance to her boyfriend merely because they have been in a live-in relationship.
The underlying concept behind granting legal recognition to live-in relationships is to safeguard the rights of the children born out of such relationships and the women involved, who are often the weaker party. Hence, your boyfriend has no right to claim maintenance from you under any circumstances.
Related:
- Husband not allowed to reside in matrimonial home since 1995
- Wife not living with husband right from the marriage but seeking maintenance
- Is it necessary to submit rent receipt for seeking residence order
- Legal remedy for forced eviction from matrimonial home and violation of conjugal rights
- Domestic violence case: wife refuses to allow husband’s second wife to reside in property gifted by father
