Living Relationships in India
The upcoming world power is dealing with plenty of the internal issues implicated by the societies and communities living in it. India is going to be a world power in the upcoming years but there are some aspects of it that are still not adopted by society. Living relationships are one of the problems which people face due to a lack of awareness and modernization of societies. In this discussion, we’re going to discuss the issue of Living relationships in India and also going to tell you about the legal rights which you have as per the law offered by the constitution of the nation.
Some States like Bihar, Haryana, Punjab, Uttar Pradesh, Madhya Pradesh, and some others are the states which have strong traditional beliefs and believe that a boy and girl only have the right to live with each other only when they get married. Couples face difficulties living in these states as in living relationships. We’ve taken the initiative to enhance awareness regarding Live about India. So, if you don’t know anything about Live-in relations in India then just be with us and get aware of the rights which you get from the honorable court of the country.
What is the meaning of Living relations in India?
In India when 2 people get married then they get the right to live with each other permanently in a husband-wife relationship. Also, people who are unable to perform the traditional court marriage are facilitated by the honorable court through the service of court marriage. This facility allows them to get their marriage completed in front of the marriage registrar with the acceptance of the court. With the supervision of the honorable court, the status of marriage between the parties which is done with mutual acceptance will get global recognition and validation.
Sometimes, people love each other but didn’t plan to get married and want to spend time with each other. So, when a couple claims that they’re in a relationship but don’t want to perform their marriage because of willingness to spend more time with others and in the reference they are living together, marriage is recognized as a Living relationship in India.
Is a Live-in relationship legal in India?
This is one of the most curious and widely asked questions from the couple. If they’re living in a loving relationship in India then it is illegal or not. We must say that you should read the complete discussion because it is going to be very informative and talks about every aspect of Living relations in India.
There was a case regarding this and considering the case predicted by the court, the court states the legality of live-in relations in India. In the year 1978 honorable supreme court verdict a case named Badri Prasad Vs Dy. Director of Consolidation. The verdict of this case brings a change in India that living in a live-in relation in India is completely legal but attains some eligibility to get fulfilled. If we have to conclude the verdict of the honorable Supreme Court then we can quote this “Yes, Living in a Live relationship is legal in India but under some circumstances”.
The verdict of SC brings us more doubt that what are the circumstances or we can say conditions that should be followed and then only a couple can live in a Live-in relationship in India without exploiting any law of the nation. Well, let’s talk about it.
Eligibility for living together without marriage in India?
When we talk about the time of the past 10 years, live-in relations in India were illegal but since the Supreme Court has placed a verdict on it, the audience of the nation has become liberal in the aspect of live-in relationships in India. Well, living together without getting married is only legal when done under some specific conditions proposed by SC. So, let’s have all the conditions one by one:-
- The couple who are willing to have a live-in relationship with each other should ensure that they have crossed the minimum age of marriage which is set by the government. As per the law, the minimum age of marriage for a boy is recognized as 21 years and the legal age of marriage for a girl is set as 18 years. So, if a boy is more than 21 years old and the age of a girl is also more than 18 years then they’re able to live in a live-in relationship in India.
- The second and most important eligibility is consent. The basis of court marriage in India lies in consent and due to this the couple who is willing to live in a Live-in relationship with each other should have their complete consent to live with each other. If any of the party is living forcefully and found guilty then possible legal actions will be taken by the court in the party when found guilty.
- Soundness of mind should also be an important eligibility that the couple should have to ensure. A completely unsound person doesn’t have the right to perform their marriage and is unable to live with the person with whom he/she has a living relationship within India. Various medical studies reported that people who have the problem of unsound minds don’t have a consciousness about what’s right for them or not.
So, these are some basic eligibility that every couple should have to follow for being eligible to live in a loving relationship in India. If a couple exploits any of the above-discussed eligibility will be legally punished when found guilty.
Judicial stand on Living relation in India
Honourable Courts of India gave plenty of verdicts, amendments, and clarification in the aspect of living relationships in India. The discussion started in 1978 in the case of the Supreme Court in Badri Prasad Vs the Board of Consolidators. This case declares that the presumption should arrive between the parties who are willing to live together as a husband and wife.
In 2001, Allahabad high court ruled on a case named Payal Sharma Vs Nari Niketan done in 2001. In this case, the court ruled that if 2 parties are willing to live with each other then they have the complete right to live with each other but it should be done after following some eligibility to restrict the illegal practices which could be after the decision. Due to this, the eligibility of age, consent, and soundness of mind opposed
Later in the year 2006, the Honourable court verdict a case in UP named Lata Singh Vs State of UP and clarifies that 2 people of the same sex can also live in a loving relationship in India. Some other amendments were also done to this aspect which enhances the protection of women’s rights who’re willing to continue a live-in relationship with their partner.
So, here we have the data regarding the history of Living relations and various decisions taken by the honorable court of the nation. But, after some years a new problem occurs in front of the court. The parties who are already living in a loving relationship start conceiving a child. We have talked about this issue below but before this let’s understand the rights which the couple have in the aspect of Living relationships in India.
Rights in a Living relationship in India.
In the year 2013, the Honourable Supreme court clarified that the rights to a living relationship are given to those people who have completed all the eligibility and all the rules and regulation get defined under the PWDV act, 2005. Under section 2(F) SC promotes the living relationship couple in India with the statement that ” 2 parties who are willing to live together whether they same or dispensed sexual preference or comes from any community, gender, sex have the right to be with the partner under Living relationship”.
The honorable court also quoted that both the parties who’re living together are treated as married couples. Hence, both parties should have fulfilled all the eligibility which are required for completing the court marriage in India.
This directly indicates that the acceptance of the Living relationship is only allowed by the SC if both parties have fulfilled all the eligibility which are required for completing the court marriage in India. Their age must be more than 21 years (for boys) and 18 years (for girls). Also, they have ID proof and proper acceptance regarding their marriage. Various other eligibility criteria are important to get fulfilled and then only that couple is allowed to get legal acceptance of a loving relationship in Delhi.
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Note. 1:- What If a couple conceives a child? According to the verdict of SC (Supreme court), if 2 parties are in a Live-in relationship and the girl partner conceives a child then the children who would get burgh from the couple are considered legitimate. This becomes a conditional talk that the relationship is either a Walk and out relation or a long relationship. When 2 parties are living with each other for a long time then they make a presumption of marriage between them. In this kind, if children get conceived and born then it will be considered in the category of legitimate. Now a question arises whether the child becomes part of the family’s succession or not. (See. Note. 2) |
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It came to Sex Live-in relationships in India.
This becomes one of the biggest problems for SC to verdict because the society’s adoption after allowing the Same Sex live-in relationship and marriage is not accepted in the majority of the places in India. In a judgment of In the 2010 Velusamy Vs D Patchaiammal judgment, SC mentioned that if 2 parties have fulfilled all the requirements which are required for completing the court marriage in India are eligible to pursue a live-in relationship whether they’re going to be in a live-in with the same gender or opposite gender.
This statement of SC clearly verdicts that Yes, People of the same sex have the right to live their life in Live-in relationships with those they love. According to Supreme Court, Marriage of the same sex is also legal in India, and in this aspect, there is no prohibition for a couple of the same sex to love each other. The Odisha Government obligated that and put this kind of relation in an order of legitimacy. They conclude that if 2 parties of the same sex love each other and they live with each other without pursuing marriage then their relationship becomes legitimate.
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Note 2:- Rights of live-in relationship child As we have discussed before, a child born with a couple who are in a live-in relationship with each other is legitimate but got right in the succession of the family. So, the child in a Live-in relationship has the complete right to the property of his parents. In India, there are 2 types of rules called for property rights
Also, we’re not mentioning that children from other religions are also liable for these kinds of benefits. Probably, they’ll get fewer benefits as compared to Hindu relations. |
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Live-in relations in Muslim
When we talk about the religious aspect the Muslim religion doesn’t allow the couple to live with each other without going married. But, when the couple is seeking to administer a juridical aspect then the court allows all the religions because every decision of SC doesn’t do so after seeking a specified caste, gender, and religion. So, people who’re Muslim but don’t that they have the right to continue their live-in relationship or not should remember the Honourable Supreme court allowing them too before marriage.
So, here we have discussed all the major things which people should know about the Live-in relationship. Nowadays, various countries legalize live-in relationships and live-in relationships with the same sex. It’s not an offense, especially in India until followed as per the guidance of the jurisdiction of the name.
FAQs
Q. What is the meaning of a Live-in relationship?
When 2 parties who love each other no matter whether they belong to opposite sec or the name sex are living with each other without executing their marriage then this is called a Live-in relationship.
Q. What if one of the parties gets physically assaulted?
If any of the parties who’re living in a live-in relationship in India get physically assaulted then the treatment of this type of case is also taken as the normal case and punishments are also given to the guilty party accordingly.
Well, this scenario is a little different when we talk about sexual assault. This is why because if 2 girls are in a live-in relationship with each other and one gets sexually assaulted then also she will not get raped. Well, the honorable Supreme Court has specific rules and regulations on every aspect and they’re working to make it more secure.
Q. Is a Live-in relationship in India legal?
Yes, it is completely legal but only if the relationship comes under some condition. The age of both parties should be equal to or more than the minimum age of marriage in India. Both parties have all the eligibility which are required for completing a marriage because as per the statement of SC, couples who’re living under a Live-in relationship are considered married couples and they both have to follow all the regulations that are guided by the court for married couples.
Q. If one of the parties is homosexual then he can be in another relationship or not?
Well, this is one of the most important and debatable topics. Plenty of people who are homosexual (having a sexual interest in both genders) live with a same-sex personality and have another relationship with a person of a different sex. Let us tell you that it is not legal. As we have discussed in the above question, the couple who is in a live-in relationship is treated as a married couple, and having another relationship when you’re in a relationship with each other no matter who you’re and with whom you’re in is illegal.
Q. How can a marriage be complete after a live-in relationship?
If 2 parties are living in a Live-in relationship and are willing to turn their live-in relationship into a married couple then they just have to visit the court, meet the lawyer, and follow all the procedures which are required for completing the court marriage.
Q. Live in relationship Agreement Cost, live in relationship agreement format India
You have to contact Advocate Kaushal For the agreement of live in relation You Can Contact him By phone at 8287772088