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

Detailed Legal Analysis

Yes, you can claim maintenance from your live-in partner who has abandoned you, even though live-in relationships are not formally recognized under Indian law like marriage. However, you can approach the courts under certain provisions.

In India, maintenance for women is primarily governed by the following laws:

• The Code of Criminal Procedure, 1973 (CrPC): Section 125 provides for maintenance to wives, children, and parents. The Supreme Court has interpreted 'wife' to include a woman in a live-in relationship if she can prove the relationship was akin to marriage.
• The Protection of Women from Domestic Violence Act, 2005: Under Section 20, a woman in a live-in relationship can seek maintenance if she can establish a domestic relationship. This law recognizes the rights of women in live-in relationships.

To claim maintenance, you will need to follow these steps:

• Establishing the relationship: You need to provide proof that your relationship was akin to marriage. Evidence may include:
• Joint bank statements
• Shared property documents
• Photographs
• Witness statements
• Any correspondence that demonstrates the nature of your relationship
• Filing for maintenance: You may file a petition under Section 125 of the CrPC in the Family Court or the Magistrate's Court, or alternatively, a complaint under the Protection of Women from Domestic Violence Act in the appropriate court.
• Filling out the application: Ensure you provide all necessary details in the application, including your personal information, details of your partner, and grounds for seeking maintenance.
• Attend court hearings: Be prepared to present your case and evidence in court. You may also need to engage a lawyer for legal representation.

It is essential to note that maintenance is determined based on your financial status and the income of your partner. The court will consider factors such as the standard of living, duration of the relationship, and the needs of the applicant while deciding the amount of maintenance.

Remember, each case is unique, and seeking legal advice from a qualified lawyer can help you navigate the complexities of your situation effectively.