Living relationship in indian law reporter

Adultery no longer a criminal offence in India - BBC News

living relationship in indian law reporter

Read to know the live-in relationship laws in India and the recent A father filed a missing person report after his year-old daughter had. Although the legal status of{jcomments off} live in relationships in India is unclear, the Supreme Court has ruled that any couple living together. Is the concern of being allowed or of being recognised? The Indian law recognises live in partners (cohabitation)as legal couples provided.

Having a child out of wedlock creates a profusion of legal complexities, with respect to its maintenance rights, legitimacy or illegitimacy, inheritance rights of the child, and custodial rights in case of a split. Legitimacy and inheritance rights of child Legitimacy of children born out of wedlock presents a dilemma to the Indian Courts. Courts have been divided in this endeavor. Child out of a prolonged relationship is deemed legitimate S. Balasubramanyam vs Suruttayan, see the court judgment here.

Courts have not pronounced a uniform judgment with respect to shorter relationships. Further complexity is added with respect to Section 16 of the Hindu Marriage Act, which accords a legal status of legitimacy even to illegitimate children those born out of wedlock for the purpose of inheritance.

Thus inheritance rights have been granted to children out of a live-in relationship, with respect to both ancestral and self-acquired property.

Devi SCC 4 76] Deeming a child legitimate for certain purposes and illegitimate for other has raised questions of equality in the Courts. Maintenance and custodial rights of children Personal laws differ on their position on the right of children out of wedlock to maintenance.

Hindu Law mandates the father to maintain the child, whereas Muslim Law has absolved the father of such obligation. Section of the Criminal Procedure Code provides remedy to children who are unable to claim maintenance under personal laws. Section provides a legal right to children, wives and parents to claim maintenance.

Lack of a special legislation governing live-in relationships is most felt with respect to custodial rights. Issue of custodial rights emerges when a couple decides to split.

Live-in relationships and emerging legal issues in India

As there are no specific laws with respect to live-in relationships, Courts may decide these cases like marriage cases, if they are brought before them. Under personal laws, father is given the first right in case of a legitimate child, whereas mother is given the first preference in case of illegitimate child.

However, this position has been overruled by the Supreme Court, and both, mother and father have been accorded equal rights over the child. Custody will be decided on the basis of facts and circumstances of each case. RBI, see the court judgment here ] Maintenance of woman Right of maintenance is granted to wives under all personal laws- be it Hinduism, Islam, Christianity, or Zoroastrianism.

However, none of these religions recognize live-in relationships. Instead, an unmarried woman living with a man is considered unchaste. In absence of any remedy available to women engaged in a live-in relationship, Courts have extended the scope of application of remedy available under Criminal Procedure Code.

Section of the Criminal Procedure Code accords a legal right to maintenance to wives. Malimath Committee Report and the 8th Law Commission recommended inclusion of women in a live in relationships within the purview of this Section.

Supreme Court accepted this principle in Abhijit Bhikaseth Auti v. 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.

living relationship in indian law reporter

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.

Live-in relationships and emerging legal issues in India - iPleaders

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. 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.

Sarma, [5] The recent judgment of the Supreme Court has illustrated five categories where the concept of live in relationships can be considered and proved in the court of law. Following are the categories: Domestic relationship between an adult male and an adult female, both unmarried.

living relationship in indian law reporter

A domestic cohabitation between a married man and an adult unmarried woman entered mutually. A domestic cohabitation between an adult unmarried man and a married woman entered mutually. These two are the most complex grey areas of acknowledging live-in relationship.

Live-in-Relationship is not a Crime : Supreme Court

Furthermore, the second type of relationship mentioned is adultery which is punishable under Indian Penal Code. A domestic cohabitation between an unmarried adult female and a married male entered unknowingly is punishable under Indian Penal Code as well. A domestic cohabitation between two homosexual partners, which cannot lead to a marital relationship in India as no marital laws against homosexuality are defined yet.

Live-In Relationship: Here Are the Rights You Need to Know

Legal Status of Live-in In most western countries there is a broader understanding of the idea of a couple in a relationship, which is evident in their legal recognition of prenuptial agreements, civil and domestic union of couples etc.

However, it is not the same in India. Therefore, live-in relationships are legal in India. Difference between marriage and live-in relationship Marriage: The institution of marriage is a socially and ritually accepted union and a contract between spouses that institutes rights and legal obligations towards each other.

In light of the diverse culture in India, separate laws have been formulated which lay down the procedure and guidelines for proper execution of marriages in various religions. Marriage laws have been created to provide remedies for disputes arising out of marriage in different religions.

In addition to the law of maintenance under personal laws, Section of the Code of Criminal Procedure also provides for maintenance if the wife is cannot maintain herself.

Women can also seek extra-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. There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so.

There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed.