Court Judgments: Live in Relationships and Related Disputes
Mon, 08/30/2010 - 17:29 — LIG Reporter
Live-in relationships are living arrangement in which a man and a woman who are unmarried live together like a husband and wife without the legal sanction called marriage. This is a concept that has not gained social acceptance in India. When live-in relationships first came into the open, it created a public outrage as it was considered violative of Indian culture and moral values. Recent court judgments on live in relationships triggered public awareness and clarity about this social issue that has now gained legal sanction as well.
Court Judgments: Breakdown of Live-in Relationship is No Excuse to Misuse Justice System
In a landmark court judgment in Alok Kumar v. State, the complainant claimed that she was in a live-in relationship with the defendant for over 5 years. She alleged that the defendant had promised to marry her but later, she came to know that the defendant was about to marry some one else. She met the defendant at the IGI airport to discuss the matter. The defendant gave her his passport before going to the washroom. On returning, he began to abuse her physically. When people came to her rescue, he ran off, leaving his passport with her. Following the incident, she lodged an FIR, under section 376 of IPC against the defendant. However, the Delhi High Court dismissed her plea, observing that live-in relationships create no legal liabilities on either of the parties as it is similar to a contract which can be renewed or terminated at will by either of the parties. Also, the court quashed the FIR to prevent the misuse of criminal justice system for seeking personal revenge against a partner of live-in relationship.
Court Judgments: Children Born to Live-in Couple are not Illegitimate, Says SC
Court judgments have always given broad interpretation of law to protect the rights of women and children. In live-in relationships, court judgments have considered it important to protect child rights, in particular. In January 2008, a Supreme Court bench that was headed by Justice Arijit Pasayat held that children who are born out of live-in relationships will not be considered illegitimate. It was stated, “Law inclines in the interest of legitimacy and thumbs down ‘whoreson’ or ‘fruit of adultery.’”
In August 2010, the Supreme Court held that a live-in relationship that has existed for a long time will be considered a marriage and that the children born to such a couple will not be illegitimate. Justice P Sathasivam and Justice BS Chauhan of the Supreme Court passed this judgment and it will have strong legal implications on disputes relating to the legitimacy of children who are born to live-in partners.
Court Judgments: Domestic Violence Act Applicable to Live-in Relationships
Different court judgments have discussed on different disputes pertaining to live-in relationships. Live-in relationships are now considered at par with marriage under a new Indian law pertaining to domestic violence. The provisions of the Domestic Violence Act, 2005 are now extended to those who are in live-in relationships as well. The amendments intend to protect the victims of domestic abuse in live-in relationships. Section 2 (g) of the aforementioned Act provides that a relationship between two individuals who live together or have lived together in the past is considered as a domestic relationship. A woman who is in a live-in relationship can seek legal relief against her partner in case of abuse and harassment. Further, the new law also protects Indian women who are trapped in fraudulent or invalid marriages.
Final Legal Take Away Tip: A woman who is subject to any form of violence in a live-in relationship as well as a marital relationship can file a complaint under section 498 A, IPC. She can also seek relief through protection orders, compensation and interim orders citing sections 18 to 23 of the Domestic Violence Act.
Comments
I suggest,
Don't do it for fashion, don't do it for lessening the burden on oneself, don't do it to be counted out... only do it (anything for that matter) if it is genuine, if one feels for it & if it makes one happy.
It is a risk that one takes knowingly... so do the due diligence on the inside & outside before getting into it, coz there are no guaranties & any risk taken can go either way. When on the loosing side don't be a cry baby but introspect because every coin has two sides.
Take care & live happily!
I m in a physical relationship with my would-be for the last two and half year, we got engaged also, he became physical with me with the promise that he will marry me for sure. To gain my trust, he convinced his parents for our marriage. My father and my brother went to his place to perform our Roka(Engagement) ceremony, after that he(my fiance) asked me my parent's budget for marriage...and I replied to that they can maximum spend 5 Lacs as they have already spent good amount in my studies and I am also working, earning well(3 Lacs package). He was really very disappointed to know that and asked me if my parents can arrange for more money...which I totally denied. On that note, after few days, his parents called my parents that they are not very sure about marriage and they will see if their son will marry ur daugther. When I talked to Daksh(my fiance), he refused to marry me and tortured me. What legal action I can take against him? During our relationship, I had helped him financially also, plz suggest.
Hi Neha,
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The cases were decided for the situation 'like marriage' but not for legalizing live-in-relationships. So the basic requirement for this is the societal acceptance of your marriage even though not married in public or not at all.
MY Friend is also facing the case like Alok Kumar v. State.
Court Judgments: Breakdown of Live-in Relationship is No Excuse to Misuse Justice System.
The girl has filed a case against him under IPC 376. Please tell me the solution.
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Hi! I want to know what are the legal rights of a live in woman partner, esp if she is having a live in relationship with a married man? The man lead her into the relationship with promises of marriage and then left the country and then broke off with her on an email. Also the man has abused her physically and psychologically. Can she take him to court? What damages can she ask for?
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