PALIMONY: RECOGNITION OF WOMEN’S RIGHT FOR MAINTENANCE IN LIVE-IN RELATIONSHIPS
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Abstract
The Supreme Court of India has since the year 2010 delivered judgments granting maintenance to partners in a live-in relationship, if their relationship passes the litmus test of the guidelines laid down by the Hon’ble Court in a catena of cases. Besides the apex court, the Law Commission of India, National Commission for Women and the Malimath Committee have all endorsed the concept of granting maintenance or ‘palimony’ to the aggrieved partner of a live-in relationship. In spite of such progressive strides taken by the aforementioned authorities, the parliament has refrained from framing any statutes that would work towards the regulation of live-in relationships. This has given rise to an extremely undesirable scenario where increasingly plural fractions of the society, namely the unmarried domestic partners, are not being accounted for and governed by explicit statutes. It is submitted that the welfare of these citizens cannot be left at the mercy of judicial interpretations any longer. The promulgation of the concept of palimony in India is not only in conformity with the modern relationship trends but also with the spirit of the Constitution of India which is secular to its very core and takes a stand for a Uniform Civil Code. The present paper aims to bring to the fore the various cases adjudicated upon by the Courts in the matter of granting maintenance to partners of live-in relationships and furnish the paucity of information regarding the concept of palimony in India.
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