Live in relationship as per indian law

Legal age for live in relationship in India - FREE LEGAL ADVICE

live in relationship as per indian law

In India, marriage is considered as a sacramental and perpetual union and the legal consequences of marriage that follow add to the sanctity of. This article tries to cover the legal position w.r.t. Live-in in India and any “At least 25 per cent of the total 1, rape cases registered so far by. The legal of a boy was21 years and the girl should be attain the age of 18 years as per the govt guiadeayuntamientos.info legally u should not be in a live in relationships.

They should have a Sexual Relationship not merely for pleasure but for emotional and intimate relationship. Having children out of such relationship would be a strong indication.

Legal status of Live-In Relationship in India

They must hold themselves as Husband and Wife to public at large. In case Of Bigamous Marriage: The benefits of the D. Act are not available in a bigamous marriage. This is regardless the fact that the woman was married or the man was married. The courts have ruled that where the marriage is null and void, it cannot be said that the woman was in a domestic relationship with the man.

live in relationship as per indian law

Also, the second wife cannot challenge the reliefs granted to the first wife. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act and the individual facts of the case. Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.

Protection against exploitation of women and children in live-in relationships Maintenance of lady partner The right of maintenance is available to wives under all personal laws in India.

Legal aspects of live-in relationship in India

However, none of the religions recognises and accept live-in relationships. Since no remedy is granted to women involved in a live-in relationship, Indian Courts have widened the scope of maintenance under the Criminal Procedure Code. Therefore, Section- of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage. Domestic Violence The Domestic Violence Act was enforced as an attempt to protect women from abusive physical, mental, verbal or economic marital relationships.

Therefore, considering all this even the Supreme Court in a couple of cases has allowed live-in relationships to be covered within the ambit of the law specified. Children out of marriage Partners living together for a long time may have kids together. However, live-in couples are not allowed to adopt kids as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority. In case of dispute with respect to custody of the child, you may also consult a Child Custody Lawyer.

Legitimacy and inheritance rights of children Inheritance rights of children are mentioned in Section- 16 of the Hindu Marriage Act, where the legal status of legitimacy is provided even to illegitimate children those born out of marriage for the sole purpose of inheritance. Therefore, inheritance rights have been granted to children born out of a live-in relationship. These rights are available in both ancestral and self-bought properties.

Custody and maintenance rights of children The position on the maintenance rights of children out of marriage varies in personal marriage laws.

For instance, under the Hindu Law the father has to maintain the child, whereas under the Muslim Law the father has been absolved of such an obligation. However, under Section- of the Criminal Procedure Code, remedy is available for children who are unable to claim maintenance under personal laws.

Live in Relationship Law in India Hindi - By Ishan

It involves continuous cohabitation between the parties without any responsibilities or obligations towards one another. There is no law tying them together and consequently either of the partners can walk out of the relationship, as and when, they will to do so.

There is no legal definition of live in relationship and therefore the legal status of such type of relationships is also unsubstantiated. The Indian law does not provide any rights or obligations on the parties in live relationship. The status of the children born during such relationship is also unclear and therefore, the court has provided clarification to the concept of live in relationships through various judgments.

The court has liberally professed that any man and women cohabiting for a long term will be presumed as legally married under the law unless proved contrary.

The right to maintenance in live in relationship is decided by the court in accordance with the Domestic Violence Act, and the individual facts of the case. Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Actprovides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.

Landmark judgments over the years Following are the landmark Supreme Court judgment on the concept of live in relationship: Director of Consolidation, [1] This was the first case in which the Supreme Court of India recognized live in relationship and interpreted it as a valid marriage. In this case, the Court gave legal validity to a 50 year live in relationship of a couple.

live in relationship as per indian law

It was held by Justice Krishna Iyer that a strong presumption arises in favour of wedlock where the partners have lived together for a long term as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its legal origin. Law leans in favour of legitimacy and frowns upon bastardy. It was held that one of the crucial pre-conditions for a child born from live-in relationship to not be treated as illegitimate are that the parents must have lived under one roof and co-habited for a considerably long time for society to recognize them as husband and wife and it must not be a "walk in and walk out" relationship.

Therefore, the court also granted the right to property to a child born out of a live in relationship. Patchaiammal, [3] The judgment determined certain pre-requisites for a live in relationship to be considered valid. It provides that The couple must hold themselves out to society as being akin to spouses and must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried. It was stated that the couple must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.