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

Detailed Legal Analysis

The Supreme Court has recognised live-in relationships and has held that a woman in a relationship in the nature of marriage can claim maintenance under the Protection of Women from Domestic Violence Act, 2005. In Thiruvananthapuram, you must establish that your relationship meets the criteria of a relationship in the nature of marriage.

The Kerala High Court has considered factors such as duration of the relationship, shared household, and public holding out as married. Kerala Rent Control Act 1963 may not have separate legislation on live-in relationships, so reliance must be placed on judicial precedent.

You can file an application before the Magistrate seeking maintenance and other reliefs under the Act. You must produce evidence of the relationship such as joint bank accounts, photographs, and witness statements.

The court may also consider the financial capacity of the respondent and your needs. If the court is satisfied, it can order the respondent to pay monthly maintenance.