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LIVE IN RELATIONSHIP

 


The people of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs, i.e., marriage, divorce, succession, etc. India is a country of cultural values and rituals, ceremonies cannot afford to plunge into western society. But since growing economy and people getting more and more aware, India finally has to step ahead and walk with the rest of the world by legalizing Live-in relationship. “The legal definition of live in relationship is “an arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage”. The Supreme Court said there was no law which prohibits live-in relationship or premarital sex. No legislation is there to define the rights and obligations of the partners and the status of children born out to such couples. In the absence of law to define live in relationships the Courts have taken the view that if a man and woman stay together as husband and wife for a longer period, the law will presume that they were legally married unless proved contrary. The Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and a right of palimony to a live-in partner, if she complains.

The key requirements for a live-in relation (based on the supreme court judgements).

*Legal age to marry

*Must be unmarried

*Voluntary cohabitation for a longer period

*Domestic arrangements

*Children

If a woman has been in a live-in relationship for considerably long time, she ought to enjoy the legal status of wife. However, it is divorced wife who is treated as wife in context of section 125 of CrPC. In case live in partners, she cannot claim any remedy using 125 of CrPC.  Dinohamy v Blahamy In this case a man and a woman are proved to have lived together as a man and a wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage.

 The Supreme Court held that a living relationship comes within the ambit of right to life under Article 21 of the Constitution of India. The Court further held that live-in relationships are permissible and the act of two major living together cannot be considered illegal or unlawful. It is only on the society to come forward and accept the concept of live-in relationship.

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