News By/Courtesy: Priyanka Patnaik | 19 May 2020 7:27am IST

HIGHLIGHTS

  • How is Live-in defined in Indian Law
  • Maintenance of lady partner
  • Children out of marriage

India has come a long way to accept live-in relationships. It is all due to education, privacy, profession and privacy, and freedom, which has resulted in a change in mindset. Live-in allows the couple to get to know each other without involving court procedures. There is cohabitation between the partner and it doesn't have any responsibilities and obligations towards each other. There is no law governing them and it is easy to break up without any court procedures.
How is Live-in defined in Indian Law
According to Indra Sharma v/s V.K.V.Sharma  case, SC has defined them based on 
  • A domestic cohabitation between an adult unmarried male and an adult unmarried female.
  • A domestic cohabitation between a married man and adult unmarried female.
  • A domestic cohabitation between an unmarried man and married female  
The SC has stated in various judgments that if a couple lives as a husband and wife and even had children, the judiciary preassume them as a married couple and the laws would be applicable. In another case, it also stated that live-in couples to stay is right to life and not a criminal offense.
Maintenance of lady partner
The right to maintenance is available to the married woman of all religions but it is not recognized in the live-in relationship. So the courts have broadened its scope in maintenance under section 125 of CPRC it has provided the maintenance to females who are in a live-in relationship.
Domestic Violence
The reason the domestic violence act came into force was to protect women from physical, mental, verbal, or economic abuse in the hands of husband and in-laws. According to section 2(f), it also applies to a relationship that is similar to marriage.
Children out of marriage
Couples in live-in relationships, who have lived for a very long time together might have children. However, they cannot adopt children based on the guidelines of central adoption resource authority. In case the couple breaks up and there is a dispute of the child custody here you have to consult a child custody lawyer.
Legitimacy and inheritance rights of children
According to section 16 of the Hindu Marriage Act, legal status is provided to illegitimate children. Hence inheritance rights are also granted for children born out of a live-in relationship. These are for ancestral properties and self-bought properties. The Maintenace rights for the children vary from one personal law to another. So According to section 125 of CRPC, there is a remedy for children who cannot claim maintenance under personal laws.

Section Editor: Pushpit Singh | 19 May 2020 18:02pm IST


Tags : #liveinsistherelationship

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