Velusamy v. D. Patchaiammal (2010)
10 SCC 469
Case Summary
Facts
In this case, the Supreme Court examined the legal recognition of live-in relationships under Indian law. Velusamy and D. Patchaiammal were in a live-in relationship, and after the relationship ended, Patchaiammal sought maintenance under Section 125 of the Criminal Procedure Code (CrPC). Velusamy contended that since they were not legally married, she was not entitled to maintenance.The case raised the issue of whether a woman in a live-in relationship, which is not formally recognized under Hindu marriage law, could claim maintenance in the same way as a wife under Section 125 CrPC. Velusamy argued that the law was not meant for live-in relationships and that it applied only to legally married women.
Issues
1. Whether a woman in a live-in relationship is entitled to maintenance under Section 125 of the CrPC.
2. Whether the legal status of a live-in relationship affects a woman's claim to maintenance.
Relevant Articles
Article 21: Protection of life and personal liberty.
Article 14: Equality before the law.
Judgment
The Supreme Court in Velusamy v. D. Patchaiammal addressed the issue of irretrievable breakdown of marriage and the applicability of the Hindu Marriage Act for divorce under such circumstances. Velusamy filed for divorce on the grounds of mental cruelty and alleged that his wife, Patchaiammal, had been abusive and unreasonable in her behavior. The Court examined the legal requirements of mental cruelty and determined that mere disagreements and misunderstandings between spouses did not constitute cruelty. The Court clarified that for mental cruelty to be grounds for divorce, the behavior must be such that it causes significant emotional or mental harm, making cohabitation unbearable. The Court ultimately ruled in favor of Velusamy, emphasizing that the cruelty was not just based on physical harm but also on emotional abuse. The judgment reinforced the legal standards for determining mental cruelty and the need for both psychological and emotional suffering to justify a divorce under Section 13(1)(ia) of the Hindu Marriage Act.
-Harinya.
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