Chanmuniya vs Virendra Kumar Kushwaha
● Court: Supreme Court of India
● Citation: 1 SCC 141
● Facts:
Chanmuniya had been in a long-term live-in relationship with Virendra Kumar Kushwaha, but the relationship faced complications when Virendra refused to acknowledge the relationship as a marriage. Chanmuniya, who had lived with him for several years, sought legal protection under the Domestic Violence Act, claiming that she was entitled to the same rights as a legally married woman, including protection from domestic abuse and the right to maintenance.
Virendra Kumar, on the other hand, denied the nature of their relationship, arguing that since they were not formally married, Chanmuniya had no legal claim to the rights she sought. He claimed that their relationship was merely a live-in arrangement and did not qualify for the legal protection available to married women.
The case raised important questions about whether a live-in relationship could be treated similarly to marriage under Indian law and whether women in such relationships were entitled to the same legal protections as those in formal marriages.
● Issues:
1. Whether a live-in relationship can be treated as a marriage for the purpose of claiming maintenance and protection under the Domestic Violence Act.
2. Whether women in live-in relationships have the same legal rights as women in legally recognized marriages.
● Relevant Articles:
● Article 21: Protection of life and personal liberty.
Article 14: Equality before the law.
Article 15: Prohibition of discrimination.
● Judgment:
The Supreme Court ruled that while a live-in relationship is not the same as a formal marriage, it can be recognized under certain conditions, especially if the relationship is long-term and has societal recognition. The Court held that a woman in a live-in relationship may be entitled to protection under the Domestic Violence Act, and she can claim maintenance, provided the relationship meets certain criteria such as duration and societal acceptance. However, the Court also clarified that the restitution of conjugal rights, which is a remedy under the Hindu Marriage Act, does not apply to live-in relationships.
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