Live in partner can seek maintenance or not under domestic violence Act

Under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated Under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also. The questions referred to us by the Referral Order were formulated on the basis of the decisions of this court rendered in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Anr. MANU/SC/0579/1988 : 1988 (1) R.C.R. (Criminal) 322 : (1988) 1 SCC 530 and Savitaben Somabhai Bhatiya v. State of Gujarat and Ors. MANU/SC/0193/2005 : 2005 (2) R.C.R. (Criminal) 190 : (2005) 3 SCC 636 which were rendered prior to the coming into force of the DVC Act, 2005. In view of what has been stated herein before, it is, therefore, our considered view that the questions referred would not require any answer. We, therefore, decline to answer the said questions. The Appellant is left with the remedy of approaching the appropriate Forum under the provisions of the DVC Act, 2005, if so advised. If in the event the Appellant moves the appropriate Forum under the provisions of the DVC Act, 2005, we would request the said Forum to decide the matter as expeditiously as possible. IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1656 of 2015 Decided On: 30.10.2018 Lalita Toppo Vs. State of Jharkhand and Ors. Hon'ble Judges/Coram: Ranjan Gogoi, C.J.I., U.U. Lalit and K.M. Joseph, JJ.