Bykan Sujatha 25 August 2021
Dr J C Vashista (Advocate) 26 August 2021
Repeated query at https://www.lawyersclubindia.com/forum/living-relationship-219624.asp.
Ananya Gosain 26 August 2021
Law does not prohibit a live-in relationship between a married man and an unmarried woman. The Supreme Court of India, for the first time in the case of S. Khushboo v. Kanniammal (2010) gave legal recognition to live-in relationships by categorizing them as “domestic relationships” protected under the Protection of Women from Domestic Violence Act, 2005. The Court held that a live-in relationship comes within the ambit of the right to life enshrined under Article 21 of the Constitution of India.
Indra Sarma v. V.K.V. Sarma (2013) categorized live-in relationships into two—domestic cohabitation between two unmarried individuals and domestic cohabitation between a married and unmarried individual or two married individuals. The Supreme Court has only recognized the former and not the latter. Moreover, if the marriage of the adult male is not disclosed to the girl then the girl has the liberty and right to file the criminal proceedings against him, even file a maintenance petition and if a child is born he can claim the maintenance and property equal to the child born from the legal wedding.
REAL SCENARIO
You may check out these articles for further understanding - https://www.lawyersclubindia.com/articles/live-in-relationship-between-married-man-and-unmarried-woman-legal-or-illegal-14122.asp
https://www.lawyersclubindia.com/articles/protection-of-women-from-domestic-violence-act-97.asp
Regards
Kevin Moses Paul 26 August 2021