My live-in partner in Aurangabad abandoned me after five years, can I claim maintenance?

Detailed Legal Analysis

Yes, you can claim maintenance from your live-in partner under certain conditions in India, even if you were not married.

Under Indian law, the concept of maintenance for partners in a live-in relationship is recognized, particularly through the lens of the Protection of Women from Domestic Violence Act, 2005. Here are the key points regarding your eligibility and the process to claim maintenance:

• Legal Recognition of Live-In Relationships: Although live-in relationships are not formally recognized as marriage, they have been acknowledged by the Supreme Court of India in various judgments, particularly in the context of rights and responsibilities.
• Domestic Violence Act: Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 defines a "domestic relationship" which includes relationships between individuals who live together in a shared household. This can apply to live-in partners.
• Eligibility for Maintenance: You may be eligible for maintenance if you can prove that:
  • You were in a domestic relationship with your partner.
  • You have been financially dependent on your partner during the duration of your relationship.
  • You are unable to maintain yourself after the separation.
• Filing for Maintenance: To claim maintenance, you can file a petition under:
  • Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking maintenance and other reliefs.
  • Alternatively, you may file a suit for maintenance under Section 125 of the Criminal Procedure Code, 1973, which is also applicable to women who are unable to maintain themselves.
• Evidence Required: Gather evidence to support your claim, including:
  • Proof of cohabitation (such as joint bank accounts, shared bills, or photographs).
  • Evidence of financial dependency (such as bank statements or records of expenses).
• Court Proceedings: After filing your petition, the court will evaluate your application and may grant interim maintenance during the proceedings.

It is advisable to consult with a legal professional who specializes in family law to guide you through the process and help you prepare your case effectively.