A live-in partner can claim maintenance under the Domestic Violence Act if they demonstrate a domestic relationship, contrary to previous rulings denying such claims solely based on relationship status.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.155 of 2024 Reserved on:-06.08.2025 th Decided on 19 August, 2025 Chandrawati and another …Petitioners Versus Man Singh …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1 Whether approved for reporting? Yes For the petitioners: Mr. Devendeer K. Sharma, Advocate.

For the respondent: ex parte. Ajay Mohan Goel, Judge (Oral CBy way of this petition, the petitioners have prayed for the following relief:-

“It is therefore respectfully prayer that in view of the facts and circumstances mentioned hereinabove this petition may kindly be allowed the judgment dated 01.12.2023 passed in criminal appeal number 65/2023/2018 titled as Chandrawati and another versus Man Singh and order dated 23.05.2018 passed in application number 264/2013 titled as Chandrawati and other versus Man Singh may kindly be set aside to the extent of denying amount of maintenance to petitioner number 1, rent of accommodation and enhanced rate of maintenance to the petitioner No.2 and the application under Section 12 , 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 be allowed as per prayer clause the interest of justice.”

2. The petitioners have challenged an order dated

23.05.2008, passed by the Court of learned Judicial M.agistrate st

1 Class, Court No.4, Mandi, H.P., dated 23.05.2018 in an application filed under Sections 12 , 18, 1H9, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 . In terms of the impugned order, learned Court held that as both the parties admitted that they were in a live in relationship for five years and as there was no doubt that the petitioner No.1 herein was not in a domestic relationuship with the respondent and further as the petitioner Noo.1 herein alleged that as respondent was suffering from HCIV without conclusive proof and when she entered into relationship with the respondent, she was young and mature and could have understood its result, she can’t take benefit of being in relationship with a married man under the garb of the Domestic H Violence Act and as she herself did not want to cohabit with respondent and had left the company of the respondent voluntarily, no maintenance were to be granted to her. Learned Court, however awarded maintenance to the minor child.

3. The appeal filed by the petitioners against the order passed by the learned Court below was disposed of by the learned Appellate Court vide judgment dated 01.12.2023, in terms whereof, the compensation awarded to the minor .child was ordered from the date of application before the learned Trial Court and till he attained the age of majHority, but no order was passed in favour of petitioner No.1 qua her prayer of maintenance.

4. Respondent despite service did not appear and, therefore, he has been proceeded against ex parte.

5. In termus of the impugned order, the minor child has been awardeod maintenance @Rs.6,000/-.

6. CLearned counsel for the petitioners submitted that the reasons culled out in the impugned order by the learned Court below denying maintenance to petitioner No.1 are not justified in the eyes of law. He submitted that the petitioner No.1 was entitled H to maintenance from the respondent, as there was a domestic relationship between the parties and this extremely important aspect of the matter was ignored by the learned Court below. Accordingly, he prayed that the impugned order be modified by ordering the respondent to pay maintenance to petitioner No.1 also.

7. I have heard learned counsel for the petitio.ners and have also carefully gone through the impugned order passed by the learned Trial Court as well as the learnHed Appellate Court.

8. It is evident from the orders under challenge that basically what weighed with both the learned Courts below while rejecting the prayer of the petitioner lady for grant of maintenance was that as she was in a live