(a) whether the Government is aware that the Hon`ble Supreme Court has
recently delivered a judgment on providing maintenance in `live-in-
relationship` cases;
(b) if so, the details thereof;
(c) whether the Government proposes to amend the corresponding law in
this regard; and
(d) if so, the details in this regard?
MINISTER OF LAW AND JUSTICE (Dr. ASHWANI KUMAR)
(a) Yes, Madam.
(b) The Hon`ble Supreme Court of India, while allowing
Criminal Appeal No.`s 2028 - 2029 of 2010 in the case of
D. Velusamy Vs. D.Patchiammal has, inter alia, held as
under:-
`33. In our opinion a `relationship in the nature of marriage` is akin to a common law
marriage. Common law marriages require that although not being formally married:-
(a) The couple must hold themselves out to society as
being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal
marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin
to spouses for a significant period of time.
In our opinion a `relationship in the nature of marriage` under the 2005 Act must also fulfill
the above requirements, and in addition the parties must have lived together in a `shared
household` as defined in Section 2 (s) of the Act. Merely spending weekends together or a one
night stand would not make it a `domestic relationship`.
34. In our opinion not all live in relationships will amount to a relationship in the nature of
marriage to get the benefit of the Act of 2005. To get such benefit the conditions mentioned by
us above must be satisfied, and this has to be proved by evidence. If a man has a `keep` whom
he maintains financially and uses mainly for sexual purpose and/or as a servant it would not,
in our opinion, be a relationship in the nature of marriage`.
(c) No, Mad am.
(d) Does not arise.