Adult couple can live together without marriage: Supreme Court | india news | Hindustan Times
The Supreme Court held that live-in relationships were now even has a right to live together without marriage, the Supreme Court said, while. It would not be out of place to mention that 'live-in relationship' is now recognized by the Legislature The Supreme Court recently, set aside a Kerala High Court order that 'entrusted custody' of a Read the Judgment Here. to know the live-in relationship laws in India and the recent judgment. have not attained marriageable age, the Supreme Court has said.
SC says woman in live-in relationship to be considered wife unless proven otherwise
The taboo that used to haunt partners in live-in relationships has also started to fade away with society opening up about the idea of pre-marital sex and live-in relationships. 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.
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.Supreme Court approves live-in relationships, asks Parliament to enact law
This is the simplest kind of relationship. A domestic cohabitation between a married man and an adult unmarried woman entered mutually. 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.
SC says woman in live-in relationship to be considered wife unless proven otherwise - Firstpost
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.
Supreme Court on Live-in-Relationships
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. This decision had not made live-in-relationships illegal but has simply stated that the same would not gain the status of the legitimate relationship. Sarma has held that Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country.
The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. Balasubramanyam vs Suruthaya has acknowledged live-in-relationships and held that when a man and a woman cohabit under the same roof for a long time then it is presumed under section of the Indian Evidence Act that they are married and the child, if any born, is a legitimate child.
The courts have now time and again put women living in a live-in-relationship at the same footing as that of a wife and held that the provisions of law giving protection to women against domestic violence are equally applicable to couples living in a live-in-relationship. Women living in a live-in-relationship are also entitled to claim maintenance. Best advocates in Delhi and top lawyers in Delhi and across the country say that the law per se never prohibited the concept of live-in-relationships.
- How is live-in defined under Indian Law?
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The only hiccup in the smooth living of such couples is that the society. Although has moved forward and accepted the concept of live-in-relationships yet some people oppose this concept and regard it as immoral and opposed to religious policies. Although no legislation has been drafted till date to specifically deal with Live-in-relationships.