Meaning of live in relationship
Live in relationship also called cohabitation it means when two adult persons live together without having marriage or doing any marriage rituals. The live in relationship helps to understand the compatibility and get financially secured before tying the knot. It also help couple to get a better understanding of each other without engaging in family drama and long court proceedings when they decide to get separate. From the point of view of Indian society the concept is morally wrong but the Indian judiciary does not consider it as an offence. There are so many cases and Judgment in our Indian Judiciary which stabled the live in relationship and the rights which protect the people who engage in the live in relationship.
Recognized Judgments by Indian judiciary
After the independence in the case of BADRI PARSAD V. DY. DIRECTOR, the Hon’ble Supreme court held that live-in relationship as valid marriage, putting a stop to questions raised by authorities on the 50 years of life in relationship of a couple.
In PAYAL KATARA V. SUPERINTENDENT NARI NIKITEN KANDRI VIHAR AGRA AND OTHERS, the Allahabad court ruled out that “a lady of about 21 years of age being a major, has right to go anywhere and that anyone –man and woman even without getting married can live together if they wish”.
In PATEL AND OTHERS CASE the Supreme Court held that Live-in-relation between two adult without formal marriage cannot be called as an offence.
Legal right
The Indian judiciary does not consider live in relationship as an offence and the legal status of live in relationship is legal.
ARTICLE 21: The supreme court of India held that for a man and woman in love to live together is a part of right to life and not considered as a criminal offence.
Right to maintenance: None of the religion supports the live in relationship in India but the Indian courts have widened scope therefore Section 125 of criminal procedure code permits the right of maintenance to all the lady partners who are in or out of the marriage.
Right under domestic violence Act: the law against domestic violence is to protect women from abusive marital relationship as per the section 2(f) of the act, it is not only applies to married couples but also to the relationship in nature of marriage. Supreme Court also in number of cases declared live in relationship fall in this specified law.
Right to have child: the law allows that when the relationship is of long term couple have a right to have child but it doesn’t allow adopting the child as per the norms of the central adoption resource authority. And if any dispute arises between the couple related to custody they can contact to child custody lawyer.
Right of the child: as per the section 16 of the Hindu marriage act the right tolegitimacy is provided even when the child is illegitimate for the purpose of inheritance. Inheritance right is provided to the child born out of live in relationship.
Right of maintenance to the child: the child born from live in relationship is to be maintained under section 125 of the criminal procedure code.
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