For and against live in relationship india

Live-in relationships are against Indian culture

for and against live in relationship india

Although the legal status of{jcomments off} live in relationships in India is Considering the diverse culture in India, different laws have been framed The Supreme Court in this case dropped all the charges against the. Live-in relationship is just a term given to an archaic concept then why India's legal stance on the same is contradictory? Read to find out. So they decided on to have a live-in relationship. Soon they realise that they have compatibility issues. And finally after two years, they separate.

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.

for and against live in relationship india

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. There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so.

for and against live in relationship india

There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act 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 provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.

Protection against exploitation of women and children in live-in relationships Maintenance of lady partner The right of maintenance is available to wives under all personal laws in India. However, none of the religions recognises and accept live-in relationships. Since no remedy is granted to women involved in a live-in relationship, Indian Courts have widened the scope of maintenance under the Criminal Procedure Code.

Therefore, Section- of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage.

Adult couple can live together without marriage: Supreme Court | india news | Hindustan Times

Domestic Violence The Domestic Violence Act was enforced as an attempt to protect women from abusive physical, mental, verbal or economic marital relationships. Therefore, considering all this even the Supreme Court in a couple of cases has allowed live-in relationships to be covered within the ambit of the law specified. Children out of marriage Partners living together for a long time may have kids together.

However, live-in couples are not allowed to adopt kids as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority.

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, 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 Actprovides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.

Landmark judgments over the years Following are the landmark Supreme Court judgment on the concept of live in relationship: Director of Consolidation, [1] This was the first case in which the Supreme Court of India recognized live in relationship and interpreted it as a valid marriage.

In this case, the Court gave legal validity to a 50 year live in relationship of a couple.

for and against live in relationship india

It was held by Justice Krishna Iyer that a strong presumption arises in favour of wedlock where the partners have lived together for a long term as husband and wife.

Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its legal origin. Law leans in favour of legitimacy and frowns upon bastardy. It was held that one of the crucial pre-conditions for a child born from live-in relationship to not be treated as illegitimate are that the parents must have lived under one roof and co-habited for a considerably long time for society to recognize them as husband and wife and it must not be a "walk in and walk out" relationship.

Therefore, the court also granted the right to property to a child born out of a live in relationship.

Want to Get Into a Live-In Relationship? Here Are the Rights You Need to Know

Patchaiammal, [3] The judgment determined certain pre-requisites for a live in relationship to be considered valid. It provides that The couple must hold themselves out to society as being akin to spouses and must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried. It was stated that the couple must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

The court held that not all relationships will amount to a relationship in the nature of marriage and get the benefit of the Domestic Violence Act. It further clarified that, if a man keeps women as a servant and maintains her financially and uses mainly for sexual purposes, such relationship would not be considered as marriage in the court of law.

Couples don't have to give up any rights nor need to accept any responsibilities. Hence, there will be no commitment issues as in marriage. If you are not satisfied with your partner, you can easily pack bags and move out without any legal implications.

There would be heartbreak in live-in relationship but it is better than a divorce which has some social stigma attached to it. Both partners are truly equal in live-in relationship in terms of both security and freedom. Both of them know that doors are open to move out of the relationship. So they give space and respect to each other socially and financially. Relationship help can always be sought if needed in future. Another benefit of live in relationship is that the couple need not adhere to the relationship advice of the elders of family or bow to the pressure of society.

Unlike marriage, they need not follow the customs of the society. Relationship help can also be sought from professionals to resolve the tricky issues.

A live-in relationship leavesnothing to explore further about each other. Unrealistic expectations could cause ill-will and distance between the couple. Live-in relationship is not permanent; couple spends time together, enjoy and then move on. While in marriages, they vow to stay together for life long. Physical intimacy can be real fun at times but if you don't stay or marry the same partner then getting physical may cause guilt or depressing, especially in a girl.

There is no stability in these types of relationships as it is not permanent and couples can easily break-up. This can be heart breaking for any partner. Lack of commitment is the biggest disadvantage. Anything from a small fight or disagreement may lead to breakup. But if the couple is married they will make every possible effort to maintain their relationship and find out solutions to the problems or misunderstandings.

Things change after marriage.