Skip to main content

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.

Comments

Post a Comment

Popular posts from this blog

COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY

  COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY  which is popularly known as RAMNAD CASE . The landmark judgement of this case is delivered by the Privy Council stating that ,"Under Hindu Law clear proof of custom will outweigh the written text of the Hindu Law" FACT:         In nutshell , the Ramnad case is , The Zamindar of Ramnad ,had died without any legal heir. So, after his death ,his estate vested on his wife Rani Parvathavardhini. After the death of her husband, she adopted a son with the consent of her husband's sapindas but there was no authorization of adoption from her husband.When the Collector of Madura came to know about the death of Zamindar of Ramnad , he notified about the death of the Zamindar without any legal heir.So, Under British law , if any Zamindar died without any heirs, after the death of his wife the Zamindari would be seized by the government ,which is called as "The Doctrine of Lapse".But after the death of the Zamindar's...
Post a Comment
Read more

The Source of Hindu Law

Introduction Source of Law means “ the roots of the law ” , “ cause of the law ” , “ the things from which the laws have been taken ” . There are many connotations to the word, “ source of law. ” This can be the authority that determines conduct regulations that are accepted as binding by the courts. It can mean the social conditions that motivate the making of law for conditions to be regulated. This can also mean the substance from which the rules and laws are learned, in its literal sense.  The Sanskrit word Sindhu has been considered the origin of the word ‘ Hindu ’ . A Hindu is an adherent of Hinduism. The personal laws which governed and are even now governing the social life of Hindus (such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc.) are compiled in the form of Hindu Law. It was revealed to the people by God through Vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in ...
2 comments
Read more

CHHOT AHIRWAR V. STATE OF MADHYA PRADESH

  The accused appellant was tried by the Sessions Court, on charges under Section 307/34 of the Indian Penal Code, for attempt, with common intent along with the main accused Khilai, to murder the complainant and for instigating the said accused Khilai to fire at the complainant with a country made pistol, in furtherance of a common intent to kill the complainant. Fact In a nutshell, the case of the Prosecution is that, on 22 nd October, 1992 at about 11.00 a.m., there was a quarrel between the accused appellant and the complainant, in which the said accused Khilai intervened. The said accused Khilai who had joined the accused appellant and the complainant, took out a country made pistol from the pocket of his trousers, pointed it towards the complainant and fired at the instigation of the accused appellant, who urged the said accused Khilai to kill the complainant. The complainant, therefore, sustained injuries on his forehead near his eye and on his lips and shoulder with splinte...
Post a Comment
Read more