Couple living together will be presumed married, Supreme Court rules | India News - Times of India
Live-in-relationships are not new in our society. The only difference is that now people have become open about it. So, let us see the exact meaning of live-in. India News: If an unmarried couple is living together as husband READ ALSO: Children born of live-in relationships are legitimate, SC rules. Like minded singles and personals looking for live in relationship in Pune at QuackQuack. Join and find suitable match for serious live in relationship in Pune .
To compare the status of live in relationship with status of married couples with the help of Judicial decisions in India To know about the Rights of Female partner in live-in relationship To know about the Rights of children born out of live in Relationship To study the status of live-in relationship in other countries Legal status of Live-in Relationship There are following requirements to fulfill the criteria of live-in relationship Legal age to marry Qualify to enter legal age Must be unmarried Voluntary cohabitation should be considerable period of time Shared household Pooling of resources and financial arrangement between parties Domestic arrangements Children Socialization of relation in public Live-in relationships are walk in walk out relationship, which is an alternative to the marriage.
In such kind of relationship Couples are free from legal bond of the parties. Comprehensively the concept of legal relationship was recognized to test the compatibility of the person before entering into any legal commitments or to establish financial security before marrying. It can also be consider the way for polygamists to avoid breaking the law and also gets easier for non-recognized relationships such as LGBT couples to live in together than to marry.
In India, live-in relationships are considered as the social taboo, pre-marital sex or live in relationship has generated the hideous debate across the country, however the scenario is no longer alike in metro cities. There is no specific law defined for live-in relationship in India. But courts have given recognition to such relationship in certain case. The first case recognized by Supreme Court of India of live-in relationship as a valid marriage was: Director of Consolidation  in which the court upheld the legal validity to 50 years live-in relationship.
It was duly remarked b justice Krishna Iyer that, A strong Presumption arises in favor of wed-lock where partners have lived together for a long spell as a husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin.
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Law leans in favor of legitimacy and frowns upon bastardy  In another case, S. Superintendent, Nari Niketan, Kalindri Vihar Agra and others The court observed that the lady of 21 years of age is major, has right to anywhere and can live with anyone. In the case of D.
The court also made clear that if the man is in live-in arrangement with a woman for sexual reasons, then none of the partner can claim for the legal benefits of the marriage.
Kanniammal and Anr  observed that, a man and a woman living together are not illegal in the eyes of law, even it may be considered immoral by the society.
Rights of Female Partner in Live in Relationship A man and woman living together in a live in relationship are partners and not given any status of husband and wife. Without any status of marriage, one cannot claim any rights, such as property rights, maintenance rights, religious rights, conjugal rights, etc. It was supported by the judgment in Abhijit Bhikaseth Auti v.
State of Maharashtra and others . The objective of recommendation was to combine other sections of laws with the protection of women from Domestic Violence Act It was observed by the Malimath committee that, if man and woman are living together as a husband and wife for considerably long period of time, then the women ought to enjoy the legal status of married women. In Indra Sarma v. Thus, domestic relationship not only includes relationship of marriage but also includes the relationship in nature of marriage and in case if there is any domestic violence that will fall under Section 3 of Domestic Violence Act.
In the case of chanmuniya vs. It was further declared by the court that a woman in live-in relationship is entitled to claim any maintenance or relief under protection of women from Domestic Violence Act, The Supreme Court observed that not all live-in relationship will amount to Relationship in nature of marriage under the Protection of Women under Domestic Violence Act, To get such benefit conditions must be satisfied and this has to be proved by evidence.
Live In Relationship as a new form of Family – Wisdom Crux
Status of Children born out of Live-in Relationship As there is no specific laws that recognize the status of couple in live-in relationship. Hence the law to the status of children born out of live-in relationship is also extremely uncertain. In the case of SPS Balasubramanyam v. Scruttayan,  the Supreme Court laid down that if man and woman are living together in live in relationship and cohabiting from some years, it will be presumed as per Section of Evidence act that they were living together as Husband and Wife, and the child born to them will be illegitimate.
In case of Dimple Gupta v. Rajiv Gupta  it was held by the Supreme Court that an illegitimate child which is born out of illicit relationship has also right to get maintenance under Section of CrPc, The Family law Actfor the first time legalized the Cohabitation in Scotland, at that stage of time there were cohabiting couples in the country. Section 25 2 of the Act stated that court will consider three basic things to identify the couples co-habiting; the length of the period during which they were staying together, the nature of relationship in that period, and nature of any financial arrangements.
This improved mindset is a result of freedom, privacy, profession, education and also globalisation. Moreover, for most of us — it is not an escape from responsibilities but a way to understand our partner and to check if at all we are compatibility. A live-in relationship not only gives the couple an opportunity to know the partner without having to engage into a legally binding relationship but also excludes the chaos of family drama and lengthy court procedures in case the couple decides to break up.
It involves continuous cohabitation between the partners without any responsibilities or obligations towards one another. There is no law tying them together, and consequently, either of the partners can walk out of the relationship, as and when they want.
Live In Relationship as a new form of Family
How is live-in defined under Indian Law? The Supreme Court in Indra Sarma vs. Sarma defined live-in relationships in five distinct ways- A domestic cohabitation between an adult unmarried male and an adult unmarried female. This is the simplest kind of relationship. A domestic cohabitation between a married man and an adult unmarried woman entered mutually.
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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. 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. 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.