law related to live in relationship in India
Live-in relationships, or cohabitation, refers to a domestic
arrangement where two individuals live together in a romantic or sexual
relationship without being married. In India, live-in relationships are not yet
socially accepted and are often considered taboo. However, the legal
recognition of live-in relationships has evolved over the years, and the Indian
judiciary has recognized them as a valid form of relationship under certain
circumstances.
The Indian legal system does not have a specific law that
governs live-in relationships. However, the courts have recognized live-in
relationships as a form of "relationship in the nature of marriage."
This means that if a couple lives together for a considerable period of time,
they may be entitled to certain legal rights and protections similar to those
of married couples.
The Supreme Court of India, in its landmark judgment in
2010, held that a couple living together for a long period of time would be
presumed to be in a valid marriage, and the woman in such a relationship would
be entitled to maintenance if the relationship breaks down. The court stated
that if a man and a woman lived together as husband and wife for a long time,
they would be presumed to have entered into a marriage, and the burden of proof
would shift to the party denying the existence of a marriage.
However, the court also laid down some conditions for the
recognition of live-in relationships as "relationships in the nature of
marriage." The court held that the couple should hold themselves out to
society as being akin to spouses and must have lived together for a significant
period of time. The court also stated that the relationship must be of a
"permanently cohabiting nature," and the parties must have lived
together in a shared household.
The concept of a shared household is essential in
determining the legal rights of the parties in a live-in relationship. The
Protection of Women from Domestic Violence Act, 2005, defines a shared
household as a household where the person aggrieved lives or has lived in a
domestic relationship, either singly or along with the respondent, and includes
such a household owned or tenanted by either the person aggrieved or the
respondent.
Therefore, if a couple lives together in a shared household,
and the woman is subjected to domestic violence, she can seek legal protection
and remedies under the Domestic Violence Act.
Another significant development in the legal recognition of
live-in relationships is the recognition of the rights of children born out of
such relationships. The Supreme Court has held that a child born out of a
live-in relationship would be entitled to the same rights and privileges as
that of a child born out of a valid marriage. The court has held that a child
born out of a live-in relationship would be legitimate and would be entitled to
inherit the property of the father.
In conclusion, while there is no specific law governing
live-in relationships in India, the judiciary has recognized them as valid
forms of relationships under certain circumstances. The recognition of live-in
relationships as "relationships in the nature of marriage" has
provided legal protection and remedies to parties in such relationships.
However, the legal recognition of live-in relationships is still evolving, and
there are ongoing debates about the need for a specific law to govern them.
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