Articles on legal status of living relationship in india
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Marriage in the Indian society has been considered as a sacred bond since the Vedic period. This concept of matrimony has continuously evolved with time. With the ever-changing society and human psychology, the concept of marriage and relationship has also evolved. The upcoming generations are considering relationships ever more liberally. One such concept of live-in relationships is being adopted by numerous couples around the world. The relationships where two people cohabit outside marriage without any legal obligations towards each other are known as live-in relationships. This is a relationship in the nature of marriage but unlike a marriage. This concept has slowly paved its way in the Indian scenario as well. However, such relationships are considered a taboo in the Indian society. Although the legal status of{jcomments off} live in relationships in India is unclear, the Supreme Court has ruled that any couple living together for a long term will be presumed as legally married unless proved otherwise. Thus, the aggrieved live-in partner can take shelter under the Domestic Violence Act 2005, which provides protection and maintenance and thereby grant the right of alimony.
Difference between live-in relationship and marriage
Marriage, also called as matrimony or wedlock, is a socially/ritually recognized union or contract between spouses that establishes certain rights and legal obligations towards each other. Considering the diverse culture in India, different laws have been framed which lay down the procedures and guidelines for proper execution of marriages in various religions. Marriage laws have been framed to provide remedies for disputes arising out of wedlock in different religions. Individual Acts were framed for individual religion due to the different customs and traditions followed by each of them. In case of inter-cast marriages, the Special Marriage Act shall be applicable.
Apart from maintenance under personal laws, Section 125 of the Code of Criminal Procedure, 1973 also provides for maintenance inter alia a wife is unable to maintain herself. Women can seek for additional 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 (DV Act), 2005.
Live-in relationship in simple terms can be explained as a relationship in the nature of marriage where both partners enjoy individual freedom and live in a shared household without being married to each other. It involves continuous cohabitation between the parties 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 will to do so.
There is no legal definition of live in relationship and therefore the legal status of such type of relationships is also unsubstantiated. The Indian law does not provide any rights or obligations on the parties in live relationship. The status of the children born during such relationship is also unclear and therefore, the court has provided clarification to the concept of live in relationships through various judgments. The court has liberally professed that any man and women cohabiting for a long term will be presumed as legally married under the law unless proved contrary.
The right to maintenance in live in relationship is decided by the court in accordance with the Domestic Violence Act, 2005 and the individual facts of the case.
Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act 2005, provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.