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Is Live- In Relationship is Legal ?

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 (LIVE CAREFREE)

What is live in relationship ?

Live – in relationship means an arrangement of living under which the couples which are unmarried live together to conduct a long going relationship similarly as in marriages.

In this the couple live together under the same roof in a way it resembles a marriage, but the only condition lies is without legally getting  MARRIED .

The foundation of live in relationship in India is individual freedom.

LEGALITY –

NO legislation is there to define the rights and obligation of the parties with in live -in and the status of the children born out of such relationship .

A live in relationship is not recognized by HINDU MARRIAGE ACT , 1955 OR BY ANY OTHER STATUE . In the absence of any law to define the status of  live in relationship the courts have taken the view that where a man and a woman live together as husband and wife for a long term,

 

The law will presume that they were legally married unless proved contrary . the protection of women from DOMESTIC VOILENCE ACT 2005 provides for the protection , maintenance and right of alimony to live – in partner.

CONDITION –  ( IF A MAN HAS A LIVE IN RELATIONSHIP WITH A WOMEN ONLY FOR SEXUAL REASONS – NEITHER PARTNER CAN CLAIM BENEFITS FOR A LEGAL MARRIAGE )

IN ORDER TO CLAIM ALIMONY , A RELATIONSHIP MUST COMPLY WITH CERTAIN CONDITIONS ,

  1. The couple must hold themselves out to society as being akin to spouses
  2. They must be of legal age
  3. They must be otherwise qualified to enter in to legal marriage including being unmarried
  4. they must have voluntary cohabited for a significant period OF TIME.

5. RIGHT TO MAINTENANCE IN LIVE IN RELATIONSHIP !!!

The Protection of Women from Domestic Violence Act, 2005 considers females who are not formally married, but are living with a male person in a relationship, which is in the nature of marriage, also akin to wife, though not equivalent to wife. Section 2(f) of the Act defines domestic relationship which means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. Thus, the definition of domestic relationship includes not only the relationship of marriage but also a relationship `in the nature of marriage.

CONCLUSION

The live in relationship may be immoral, but not illegal. The judiciary has accorded legality to the concept of live in relationship and has protected the rights of the parties and the children of live in couples which makes it unnecessary to formulate a law to clarify the concept so urgently. There is no law which makes a live in relationship illegal.

for more details – VISIT http://advocling.com


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