AN ANALYSIS OF THE RIGHT OF MAINTENANCE OF WOMEN LIVING IN UNMARRIED COHABITATION IN INDIA

Abstract

Unmarried cohabitation is a union that entails both cohabitation and consortium of emotions, joint lifestyle and economic cooperation between its partners. It has been on the rise in different jurisdictions, including India. In this changing social reality, it must be given both constitutional recognition, as well as, statutory protection. Maintenance is an important element of this relationship, especially for the female partner. This paper focuses on heterosexual unmarried cohabitation in India and the right of the woman's maintenance within it. Through an examination of the provisions of the Constitution of India, the authors have discussed the need for protection of these relationships. The authors have also analysed the development of the right of maintenance in unmarried cohabitation, primarily through case laws on the subject. The authors have attempted to suggest a framework to strengthen the current law of maintenance for the female partners to make it a more effective remedy.