PRADEEP KUMAR (ADVOCATE) 24 October 2010
Women started living with a person on the basis of a registered cohabitation agreement. They had four children in that relationship. After several years, the man deserted her and married another woman under Hindu marriage Act, and died later. Now the first women came with a claim of his pension (Government job). Will it be hopeful? Or No chance on cohabitation agreement?
A cohabitation agreement is a form of legal agreement reached between a couple who have chosen to live together (whether they are heteros*xual or homos*xual). In some ways, such a couple may be treated like a married couple, such as when applying for a mortgage or working out child support. However, in some other areas, such as property rights, pensions and inheritance, they are treated differently.
Advantages;
A cohabitation contract helps clarify financial commitments. Working out who pays what and how responsibilities are shared in running the home need sorting out for a harmonious home life. It is a good idea in that if the couple does break up, an altercation about who receives what may be less likely.
There will still be large legal differences between civil partnership and marriage. For example, a couple can get married and have all the legal rights and benefits after knowing each other for only a few days, but a same-s*x couple will almost certainly be required to show a lengthy commitment to each other before they are allowed to register their partnership.
In India, cohabitation had been taboo since British rule. However, this is no longer true in big cities, but is still often found in rural areas with more conservative values.
Some couples prefer cohabitation because it does not legally commit them for an extended period, and because it is easier to establish and dissolve without the legal costs often associated with a divorce.
On 23.03.2010 the honourable SC in khushboo’s case,was of the opinion that entering into live in relationship cannot be an offence. A three judge bench comprising Chief Justice K.G.Balakrishnan,Deepak Verma and B.S.Chauhan said that “when two adult people want to live together,what is the offence. Does it amount to an offence ? Living together is not an offence, it cannot be an offence.Living together is a fundamental right under Article 21, Constitution of
For your answer go to
https://www.lawyersclubindia.com/forum/SC-clarifies-live-in-relationship-26064.asp
Latest judgment on live in relationship.
adv. rajeev ( rajoo ) (practicing advocate) 25 October 2010
It is an agreement to live in an adjustment, so she wont the wife of the deceased, so she cannot claim anything in the deceased property, but her chidlren are enttile to the share of the deceased father.
LaniL (secretary) 03 May 2011
Unmarried partners living together are becoming more common, as same s*x partners aren't allowed to legally and a growing number of heteros*xual couples are deciding to not bother with getting married. Though there are plenty of efforts to legislate morality and so forth, there are financial risks which married partners don't have to structurally deal with. There are also benefits that married partners cannot realize either. I read this here: Unmarried couples face different standards in finance
Arup (UNEMPLOYED) 03 May 2011
children will get.
but woman in 'live in' will not get
legal wife and her issues alongwith issues of live in are successor.
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