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

Detailed Legal Analysis

You can claim maintenance from your live-in partner under Indian law, despite not being legally married, as long as you can establish certain conditions regarding your relationship.

The right to maintenance for partners in a live-in relationship is recognized under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Here are the key points and steps to consider when making a claim for maintenance:

• Definition of Live-in Relationship: A live-in relationship is recognized as a domestic relationship as per the PWDVA. It implies cohabitation akin to marriage without formal registration.
• Eligibility for Maintenance: Under Section 20 of the PWDVA, a woman in a live-in relationship is entitled to maintenance if she can prove:
  • That the relationship was in the nature of marriage,
  • That she lived with her partner for a significant period (as you mentioned, five years), and
  • That she is unable to maintain herself.
• Filing a Complaint: To claim maintenance, you can file a petition under the PWDVA in the local magistrate court. The following documents may be required:
  • Proof of cohabitation (such as joint bank account statements, photographs, or eyewitness testimonies),
  • Documents evidencing your financial status and inability to support yourself, and
  • Details of your partner’s income or financial capacity.
• Legal Procedure: The process typically includes:
  • Drafting and filing the petition in the relevant court,
  • Serving notice to your partner,
  • Attending hearings where both parties can present their case.
• Amount of Maintenance: The maintenance amount will depend on various factors, including the income of your partner and your financial needs. The court will assess the standard of living you were accustomed to during the relationship.

It is advisable to consult with a lawyer specializing in family law to navigate the complexities of the legal process and to help strengthen your case for maintenance.