Live in relations
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
My questions are regarding live in relations-
Jurisdiction of the High Court?
1) is there any other alternate remedy before filing a petition?
2) is a live-in relation at par with marriage?
3) is a live-in partner a dependent under section 125 of code of criminal procedure?
4) can a child born out of live-in relationship enjoy right to ancestral property?
5) can a living in partner be included as a legal heir in their respective personal laws?
ajay sethi
(Expert) 10 November 2011
Children Born to Live-in Couple are not Illegitimate, Says SC
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.
ajay sethi
(Expert) 10 November 2011
Live-in relationships are now considered at par with marriage under a new Indian law pertaining to domestic violence.
Section 2 (g) of Domestic Violence 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
ajay sethi
(Expert) 10 November 2011
In a significant decision, the Supreme Court set aside right of a live-in partner to claim maintenance.
Earlier, the Delhi High Court had ruled that in live-in relationship, a woman is entitled to all reliefs, including maintenance.
The apex court ruled that a woman partner of a live-in relationship can’t claim maintenance in case of splitting.
The Supreme Court had referred the case to larger bench after observing that an adulterous relationship may become matrimonial by consent.
The apex court was referred the case to larger bench after finding complexity related to the Protection Of Women From Domestic Violence Act, 2005, and Section 125 CrPC.
The apex court’s ruling came on a plea of a woman, who was split with her partner after 14-years of live-in relationship. The woman claimed for maintenance after spending 14-year with a man.
The Court observed that marriage is a holly ritual in India and live-in relationship can’t be treated as wedding. Allowing maintenance in live-in relationship will raise question on validity of marriage.
Shonee Kapoor
(Expert) 11 November 2011
1) is there any other alternate remedy before filing a petition?
THE APPLICATION CAN BE FILED UNDER PWDVA, 2005
2) is a live-in relation at par with marriage?
AT PAR FOR WHAT PURPOSES?
3) is a live-in partner a dependent under section 125 of code of criminal procedure?
NOT TILL NOW.
4) can a child born out of live-in relationship enjoy right to ancestral property?
YES, AS PER LATEST DECISION OF THE APEX COURT
5) can a living in partner be included as a legal heir in their respective personal laws?
NOT TILL NOW.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
