sea, 114 PM. 's Live-in Relationship Allowed by Law in Inca (2022) message LAW on WhatsApp: 9128523662 Full Law Study Material POFs: %340 30 Law MCQ Tests: 81550 Both (8585 off: €1925, LIVE-IN RELATIONSHIP IN INDIA — IS IT ALLOWED BY LAW? India is a country that is opening its doors for western ideas and lifestyles. Whether its good or bad is up to an individual o decide. One amongst them is the concept of live-in relationships. In this arte, lt us learn about ven relationships and see if tis allowed by law or not + Is Live-In Relationship Allowed in india + Supreme Court Guidelines to Recognise Live-In Relationship + Child Bom Out of Live-In Relationships + Delhi High Court on Regarding Live-In Relationships + Why Some People Like Live-In Relationship hitpssiwww-wrtinglaw.comiiveir-relationshipsn-india! wsea, 114 PM. 's Live-in Relationship Allowed by Law in Inca (2022) Is Live-In Relationship Allowed in India? The Supreme Court in Indra Sarma vs V.K.V. Sharma said that ‘Live-in relationship like marriage is neither a crime nor a sin, though socially unacceptable in this country.” So, in shor, itis allowed The decision to marry or not to marry of to have a heterosexual relationship is intensely personal. The Protection of Women from Domestic Violence Act, 2005 is considered to be the {rst piece of legislation that covered relations “In the nature of marriage” and has provided legal recognition to ralaions outside marriage. Supreme Court Guidelines to Recognise Live-In Relationship ‘Supreme Court in $ Khushboo vs Kanniammal & Anr (2010) issued some guidelines to recognise livesin relationship 1. The couple must hold themselves out to society as being akin to spouses. 2. They must be of legal age to marry. 3. They must be otherwise qualified to enter into a legal marriage, including being unmarried hitpsswww-writinglaw.comive-ir-relationshipsn-ndia! aasea, 114 PM. 's Live-in Relationship Allowed by Law in Inca (2022) Note: Ifa man has a night out with a woman and engages in sexual activities or lives with someone for some days on vacation, it does not qualify for a domestic relationship. Also, ita rman has a keepimistress/rakhail whom he supports financially and has her enly for sexual purposes (or as a servant or both), then such a relationship is not marriags in Supreme Court's opinion. What Supreme Court Said Regarding Child Born Out of Live-In Relationships In Patchaiammal vs D Velusamy, Supreme Cour ruled out that ita man and woman are having a Ive-in relationship for an extended period, they willbe taken as a married couple in the society, and the child born out ofthis relation would be called legitimate ‘The same thing was said in Bharata Matha & Ors vs R, Vijaya Renganathan & Ors regarding the child's legitimacy, What Delhi High Court Said Regarding Li Relationships e-In The Delhi High Court, in its decision on 10 August 2010, in Alok Kumar vs State & Anr, while dealing with the validity ofthe live-in relationship, held that- Live-in relationship i @ walk-in and walk-out relationship. Thore are no strings attached to this relationship, neither this relationship creates any legal bond between the partes. It is @ contract of living together which is renewed every day by the parties and can be terminated by either of the parties without the consent of the other party, and one party can walk out at will at any time. Why Some People Like Live-In Relationship ‘Sometimes partners see live-in relationships as a way to lead a liberal life because it does not require the dedication and responsibilty that marriage demands. Walking out ofa live-in relationship is much easier than going out of a mariage Today's metro ife and modern festyle also support these relationships. Basically, live-in relationships are not a question of a moral fight, Even jurisprueniial theory states that a law has to be distinguished from morality, Living with a partner without performing requisite ceremonies is one's own choice, Aiclo 21 of the Constitution of India enshrines the Right to Life. hitpsswww-wrtinglaw.comve-ir-relationshipsn-ndia!sea, 114 PM. 's Live-in Relationship Allowed by Law in Inca (2022) Bare Acts / Law Notes | Law POFs What Is a Live-in-Relationship and What Are the Rights of Live-In Partners Under Indian Laws? Initially, in Badri Prasad vs Dy. Director of Consolidation and Ors., Hon'ble Supreme Court in 41978 held that in case a couple lives together for a long period of time tke 50 years in the said case, then that live-in-relationship will be considered as marriage, and the couple will be regarded as husband and wife under Indian law. Live-n-elationship is nowhere defined in any Act, but as per Hon'ble Supreme Cour in. \Veluswamy vs D. Patchalamal, it was established that section 2) of the Protection of Women ‘rom Domestic Violence Act, 2005, deals with the definition of domestic relationship, which ‘means ‘relationship inthe nature of marriage’. This term includes lve-in-elationship if certain Conditions laid down by the Hon'ble Supreme Court are fulfilled. These conditions include:- + Long duration of ivein-elationship. + Shared household + Pooling of resources and financial arrangements resulting in domestic arrangements + Soxual relationship. + Socially hold themselves out to society. If conditions given above are fulflled, in that case, ive-in-partners are given certain rights under the Indian laws:- + Lady partner ina live relationship is eligible for maintenance under section 125 of Criminal Procedure Code, 1973, wherein she can ask maintenance during or after the relationship: + Live-in-partners are provided with all the rights given under the Protection of Women from Domestic Violence Act + Ha child is born out of a lve-in-elationship, in that case, the child is considered to be legitimate under section 16 ofthe Hindu Martiage Act, 1955. The child also has inheritance rights both in ancestral and self brought properties, ‘You may also like: Muta Marriage — A temporary marriage for sexual pleasure This article has been writen by Arushi. She is the editor at WrtingLaw. The last part has been wnitten by Ankita Trivedi Another recent ruling: Live-in relationships are morally and socially not acceptable, said Punjab and Haryana High Court. The court declined protection to the couple from their parents hitpsswww-wrtinglaw.comve-ir-relationshipsn-ndia! ar