Cohabitation agreement for live-in relationship

This cohabitation agreement executed on an unregistered document is nbot enforceable in law. 

If the cohabitation continues for a prolonged period, it is termed live-in relationship. Live-in relationship may be defined as “Continuous cohabitation for a significant period of time, between partners who are not married to each other in a legally acceptable way and are sharing a common household.”

There is no specific legislation, social rules, or customs in India regulating the matter of live-in relationship. Therefore, the Supreme Court has taken liberty to elaborate on the concept through its judgment at different times and has issued guidelines for the purpose of dealing with such relationships 

Women in live-in relationships can claim maintenance under the Domestic Violence Act, 2005, if they face violence or harassment from their partners.

such relationships were brought into ambit of domestic relationship. Section 2(f) of Prevention of Domestic Violence Act, 2005 (PDV Act, 2005) defines domestic relationship as “a relationship between two persons who live or have lived together, at any point of time, 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.” According to this definition, live-in relationships which are in a nature of marriage, that is, the couples are living for a long period of time and presenting themselves as husband and wife come under the ambit of the PDV Act, 2005. Therefore, the woman in live-in relationship can take protection under Protection of Women from Domestic Violence Act, 2005 and can claim for maintenance also (D. Velusamy vs D. Patchaiammal). The question of application of the PDV Act, 2005 to the live-in relationships came into the consideration of the Supreme Court in the case of “Lalita Toppo vs State of Jharkhand.” It was held that the victim, that is, the estranged wife or the live-in partner would be entitled relief under the Act in a shared household. While referring to this report in “Ajay Bhardwaj vs Jyotsna”, the court awarded alimony under the PDV Act, 2005 to a woman in a live-in relationship. But it is only the woman who can claim maintenance under the PDV Act, 2005. Relief under the PDV Act, 2005 is not available to men in live-in relationships. In this connection, it is pertinent to mention that in the case of “Khushboo vs Kanniamal” the Court observed that “a live-in relationship is invariably initiated and perpetuated by men.

Thanks T. Kalaiselvan. 

If live-in partner claims alimony, if cohabitation agreement says she cannot claim more than Rs 5000 / month including residential and maintenance? Will the court stick to this amount or can order more than this?

Cohabitation agreement is not enforceable in law, hence you may hav to argue the matter on merits and this cohabitation agreement can assist you as an evidence during trial and arguments. 

Cohabitation agreement 

is this some thing hearing for the first time 

plz check its enforceability 

and all such agreement are not enforceable.

though u can registered ur live in relationship.