Whether Live in Relationship Is Legal in India

In addition, in accordance with the Indra Sarma judgment, the Court recommended that Parliament develop appropriate housing legislation. Fortunately, a few days after these decisions, the High Court of Punjab and Haryana ruled in a separate case that the right to choose to marry or take an informal approach to life relations is inherent in the right to life and personal liberty. [6] Life relationships alien to the Indian legislature have no legal effect on couples living together without marriage. There is no legal definition of a life relationship, and in this way the legal status of these ties is also not verified. Indian law does not confer on the parties any rights or obligations arising from the housing relationship. However, the General Court clarified the concept of a residence relationship by means of various judgments. Although the law on the status of such a relationship is not yet clear, few rights have been granted by interpreting and modifying existing rights, so that abuse of these relationships can be avoided by the partners. Various laws are discussed below: Hindu Marriage Act, 1955 Article 16 of the Act confers legitimacy on a child born of null and void marriages and establishes his or her inheritance and property rights. This law also confers the legal status of a married couple. As residential relationships, they were legally considered null and void. But in a 1978 decision, such relationships are valid for the first time because of the Supreme Court. If the requirements of marriage such as mental health, compliance with the legal age of marriage, consent, etc. are met, the couple is considered to be in a legal life relationship.

The couple is considered married even if they live together for a long time until proven otherwise. Domestic Violence Act, 2005 This is the first law to recognize heterosexual relations outside marriage between adults. The law has been applied in an attempt to protect women from abusive marital relationships (physical, mental, verbal or economic). However, according to article 2 (f), this applies not only to a married couple, but also to a conjugal relationship. In view of all this, even the Supreme Court has allowed housing relationships to be covered by the specified law in some cases. Code of Criminal Procedure of 1973 Article 125 of the Code of Criminal Procedure was introduced to prevent vagrancy and misery for a wife, minor children or elderly parents, and this provision has now been extended by judicial interpretation to partners in a relationship living in the household. [1] A woman has been in a life relationship for a reasonable period of time, she should have the legitimate privileges of a spouse and may apply for maintenance under article 125 of the Code of Criminal Procedure. [2] Indian Evidence Act, 1872 – The court may presume the existence of a fact that it considers probable.

take into account the joint course of natural events, human behaviour and public and private transactions in relation to the facts of the case. So, if a man and a woman lived as a couple for a long time, then there would be an acceptance of marriage. [3] Research shows that married couples are more likely to report higher overall satisfaction and engagement levels than couples living in the household. In Indra Sarma v. VKV Sarma (2013), the Supreme Court ruled that if both partners are not married and enter into a mutual relationship, it is not a criminal offence. However, marriage can have its drawbacks, especially if you marry the wrong person. So, is living together before marriage a good idea? When it comes to relationship decisions, understand that there is no one-size-fits-all solution. However, when making your decision, you should consider these pros and cons. In India, there are no laws regulating coexistence, but they are not illegal. A life relationship between consenting adults is legal under Indian law if the requirements of marriage, such as legal age of marriage, consent, and mental health, are met. The law neither permits nor prohibits such relationships. In 2013, the Supreme Court in the case of Indra Sarma vs VKV Sarma ruled that a partner in a life relationship is protected under the Protection from Domestic Violence Act 2005 (PWDV).

12. In May 2021, the High Court of Punjab and Haryana dismissed a lawsuit brought by a young couple in which the girl is 18 years old and the boy is 21 years old, demanding the protection of the life and liberty of the girl`s relatives. By all indications, we can conclude that the concept and legal recognition of a life relationship in our country has only grown over time, with many Supreme Court and High Court judgments playing the most important role. Marriage is considered a spiritual union recognized and highly appreciated by the public. The courts have served as a regulator to eliminate the taboo in society and allow couples to continue to live together in peace and respect in the community. Madan Mohan Singh v. Rajni Kant (2010) 9 SCC 209, the Supreme Court held that the walk-in relationship, if long-term, cannot be characterized as a «walk-in» relationship and that there is a presumption of marriage between the parties. Section 16 of the Hindu Marriage Act 1955 and section 26 of the Special Marriage Act confer legitimacy on children born of void and voidable marriages. However, according to paragraph 3 of the same articles of the Act, the right of succession of these children is limited only to the property of the parents.

Therefore, these children do not have comparative rights to the property of the Hindu undivided family and cannot claim their ancestral property because their parents were not legally married to each other at birth. The dissolution of marriage involves annulment or divorce, both lengthy, complicated and costly legal procedures. While ending a life relationship brings its own challenges and sorrows, divorce is a more complicated process, at least on paper. In various cases, the courts have established certain conditions under which relationships living in the household are to be considered as «the essence of marriage».