Live-In Relationship: Here Are the Rights You Need to Know
The taboo that used to haunt partners in live-in relationships has also relationship in India as no marital laws against homosexuality are. Thus, the aggrieved live-in partner can take shelter under the . 2(f) of the Protection of women Against Domestic Violence Act, and. Two popular relationship models—living apart together and being single with the friction that would otherwise result from bones rubbing against each other at the joints. Nevertheless, increasing numbers of romantic couples today live at a .
It was held by Justice Krishna Iyer that a strong presumption arises in favour of wedlock where the partners have lived together for a long term as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its legal origin. Law leans in favour of legitimacy and frowns upon bastardy. It was held that one of the crucial pre-conditions for a child born from live-in relationship to not be treated as illegitimate are that the parents must have lived under one roof and co-habited for a considerably long time for society to recognize them as husband and wife and it must not be a "walk in and walk out" relationship.
Therefore, the court also granted the right to property to a child born out of a live in relationship. Patchaiammal,  The judgment determined certain pre-requisites for a live in relationship to be considered valid. It provides that The couple must hold themselves out to society as being akin to spouses and must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried. It was stated that the couple must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
The court held that not all relationships will amount to a relationship in the nature of marriage and get the benefit of the Domestic Violence Act. It further clarified that, if a man keeps women as a servant and maintains her financially and uses mainly for sexual purposes, such relationship would not be considered as marriage in the court of law.
Therefore to get such benefit the conditions mentioned by the Court must be satisfied, and has to be proved by evidence. The concept of palimony was derived in the case of Marvin vs. Marvin, a landmark judgment of the California Superior Court. The petitioner was charger under Section of the IPC and it was also claimed that the petitioner endorsed pre-marital sex and live in relationships.
The court held that living together is not illegal in the eyes of law even if it is considered immoral in the eyes of the conservative Indian society. Sarma,  The recent judgment of the Supreme Court has illustrated five categories where the concept of live in relationships can be considered and proved in the court of law. Following are the categories: Domestic relationship between an adult male and an adult female, both unmarried.
It is the most uncomplicated sort of relationship Domestic relationship between a married man and an adult unmarried woman, entered knowingly.
Domestic relationship between an adult unmarried man and a married woman, entered knowingly. Also, there should be a close analysis of the entire relationship, in other words, all facets of the interpersonal relationship need to be taken into account, including the individual factors. In this case, the appellant admittedly entered into a relationship with the respondent despite of knowing that the respondent was a married man with two children born out of the wedlock who opposed the live in relationship since the inception.
The Court held that the relationship between the appellant and the respondent was not a relationship in the nature of a marriage, and the status of the appellant was that of a concubine. Furthermore, the Domestic Violence Act does not take care of such relationship which may perhaps call for an amendment of the definition of section 2 f of the DV Act, which is restrictive and exhaustive.
Conclusion Thus, the legal status of live-in relationships in India has been evolved and determined by the Supreme Court in its various judgments. However, there is no separate legislation which lays down the provisions of live in relationships and provides legality to this concept.
- Live-in relationships should be encouraged
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- Pros and Cons of live-in relationship in India
Though the concept of live-in relationship is considered immoral by the society, but is definitely not illegal in the eyes of the law. The Supreme Court states that living together is a right to life and therefore it cannot be held illegal.
The Court held that cohabitation of a couple would give rise to the presumption of a valid marriage and if a live in relationship breaks down, the man is bound to pay maintenance to the women. You get a real taste of marriage. So, basically, think of it as an internship. Romance blooms and you get comfortable in each other's physical company. Since physical compatibility is as important as emotional compatibility, you plan romantic weekends, romantic dinners and other things.
You get comfortable in each other's skins. You understand that great sex is not the only thing in great physical compatibility. Both of you might tend to drift apart from your other set of friends. All the dinners, movies, getaways will generally happen with your live-in partner. So, your friends might feel a bit left out.
Your privacy is reduced. There might be some times that one of you will want to do some activity and other would be interested in something else. You will need to strike a fine balance between both your and your partner's needs. Though the rate of acceptance is now increasing but a large part of the society is yet to come to terms with it. Its been more than one year and we haven't faced any issues in Pune. From the safety point of view, it is of utmost importance to choose the society carefully, not too family oriented and a progressive society would be advisable.
Also, try to maintain zero communication with the families around you, they can get nosy. Avoid doing anything to attract attention. In big cities like Delhi, Mumbai etc, its not much of a hassle in the terms of what people will think, what reactions you get from them and everything. The difficult part comes in when you try and make it work in some small towns or conservative states.
I lived with my girlfriend in Punjab, and believe me, its a nightmare! People cannot digest a 'Live-In' in that state. You wont get a house easily at all, then you get all the nearby aunties murmuring about you the whole time, eyes diverting to you at the local marketplace, even in the social get-togethers you are treated somewhat differently! We told our landlord, who was very conservative, that we are married.
People in neighborhood did not bother much whether we are really married. But it created a lot of issue with BF's family when they come to know about it through some third person. Our marriage plans are still pending due to all this issues.
Suppose you spend lakhs of rupees in marriage ceremony and find out that you are so incompatible that divorce is the only way, to end your misery. You can easily separate after a 'live-in'. Divorces are very messy and time consuming.
Live-in relationships should be encouraged
It is like an Internship, where you come to know whether your future life with your present partner is going to be 'prison of inescapable torment' or a 'heavenly bliss'. There is great danger of exploitation and other disadvantages. However it is a lesser evil than plunging head on into marriage with an unknown stranger, even if he or she is well known to you as a boyfriend or GF. The real nature comes out only after you live together for long time.
My landlord looks at me as if I am some fallen women, but hey that is not new. People do that when I go to discs and even when I am stoned. I live in a slightly rural locale in Delhi so all the housewives and shopkeepers they give me a look of, you are a disgrace to society and all. But on the plus side you get to know the person very well, you would have never known even with years of courtship. With both of us working ,life gets busy so for most part you don't even have the time to bother about what other people think.Select the right relationship - Alexandra Redcay - TEDxUpperEastSide
They can only think about marriage and babies after sex. They treat you more as husband than a boyfriend.
Want to Get Into a Live-In Relationship? Here Are the Rights You Need to Know
Become a joker and entertain her, this is their expectations. Sex is an art of satisfaction, learn some tricks of keep things live and cracking.
Even we deserve some pleasure. Stop blaming society and culture. We are not prepared for it. And thanks to Quorayou now know exactly what you'd be signing up for.