Live In Relationship in India - A Closer Look
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Balakrishnan, justices Deepak Verma and B. The court delivered this landmark judgment while hearing a petition filed by actress Khusboo to quash more than 20 FIRs filed against her by a number of Tamil forums and activist groups. Apparently, the South Indian cine star was brought amidst such legal controversies only because she uttered a few sentences in favor of live in relationships half-a-decade back.
The bench was referring to a judgment by the apex court that asked the police and administration across the country to safeguard runway couples from being harassed or intimated. The court even went a step further by directing the police to initiate action against anyone who resort to violence against such couples. However, that moniker is typically used to denote unmarried couples who live under the same roof.
Cohabitation or live in relationships have turned into a common pattern amongst people across the Western world. There are a multitude of reasons why a couple may want to live together. It may be because they want to evaluate their compatibility in a more practical way, or to establish financial security before officially tying the knot.
Apart from that, it may be also due to legal constraints that would not allow them to marry — for example, if they belong to the same sex.
Meanwhile, some may prefer cohabitation because such an arrangement does not legally compel them to be in the relationship for an extended period live in relationships are often easier to establish as well as dissolve. In some jurisdiction, live in relationships are viewed legally as common law marriage — it may be applicable after the duration of a pre-specified period, or after the birth of a child, or for certain other legally defined reasons.
Live in relationships in India In India, live in relationships have been a taboo right since the British raj. However, this is no longer entirely true amongst young couples in big cities like Bangalore, Mumbai, Delhi, etc. The government, however, has been taking various measures for the past few years especially after the intervention from the judiciary to protect the interest of female live in partners.
In one such move, the government had extended economic rights to women in live in relation under the Protection of Women from Domestic Violence Act In the same year, the Ministry of Women and Child Development was urged by the National Commission of Woman to include female live in partners in the definition of wife as described in the Section of Cr PC.
The objective of this recommendations was to harmonize various other sections of law with the Protection of Women from Domestic Violence Act, Justice Malimath Committee of the Supreme Court recommended that this be turn into a law by all states.
In the Payal Katara v.10 Bollywood Couples Who Broke Up After Staying In A Live In Relationship For Many Years
Apart from maintenance under personal laws, Section of the Code of Criminal Procedure, also provides for maintenance inter alia a wife is unable to maintain herself. Women can seek for additional maintenance apart from the maintenance received by her under any other law as per Section 20 1 d of the Protection of Women from Domestic Violence Act DV Act Live-in relationship in simple terms can be explained as a relationship in the nature of marriage where both partners enjoy individual freedom and live in a shared household without being married to each other.
It involves continuous cohabitation between the parties without any responsibilities or obligations towards one another.
Status of live in relationships in India
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.
Live In Relationship in India – A Closer Look
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,  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. 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,  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.
The court held that not all relationships will amount to a relationship in the nature of marriage and get the benefit of the Domestic Violence Act. It further clarified that, if a man keeps women as a servant and maintains her financially and uses mainly for sexual purposes, such relationship would not be considered as marriage in the court of law.
Therefore to get such benefit the conditions mentioned by the Court must be satisfied, and has to be proved by evidence. The concept of palimony was derived in the case of Marvin vs.
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Marvin, a landmark judgment of the California Superior Court. The petitioner was charger under Section of the IPC and it was also claimed that the petitioner endorsed pre-marital sex and live in relationships. The court held that living together is not illegal in the eyes of law even if it is considered immoral in the eyes of the conservative Indian society.