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A.S. Bhatti (Manager)     23 September 2014

Live in relationship

Hi,

 

While reading articles about Live in relationship on internet I came across one sentence that "the Hon'ble Supreme Court has 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."

 

Now my query is about the term mentioned in this sentence "Long Term". How long period it should be where the courts can presume it as a legal marriage if no evidence of marriage is available.

 

Regards

 



Learning

 8 Replies

Tajobsindia (Senior Partner )     23 September 2014

@ Author,


1. Long term or long period of time” – is not defined as per Law and is a societal view and purely rival claim based.

2. It is subject to leading such societal evidences by an aggrieved person.

3. It is referred to as “akin to marriage” or 'similar to marriage' and not as ‘legal’ marriage which you should differentiate and not use as generic way as both are different claim for specific relief as per existing (or for that matter evolving) family Laws. 


[Last reply]

adv. rajeev ( rajoo ) (practicing advocate)     23 September 2014

There is no such period is prescribed.

Jimmy (Manager)     24 September 2014

It is the context that is important not the conclusion. In what context is staying together for a long time equivalent to marriage? For maintenance? It used to matter earlier but not now because of the DV Act.  For marriage to another person while in a living relationship with someone already? Perhaps that makes sense. Can he dump his girl-friend of ten years with whom he was in a living relationship and then marry the next beauty that comes along? In this context, this judgement may make sense and a thorough reading is important to see the context. For property division, it does not matter anyway because wives do not get share in the property anyway.  If you are concerned, let us know the context in which your concerns arise?  

Adv. Chandrasekhar (Advocate)     24 September 2014

It is the trick the courts play on innocent litigants.  They never define what should be defined. It is as mysterious as black hole. Neither you nor I know how many months / years become longer perod.  Whether it relates to social strata of the person,  that also we do not know.  We also do not know about that whether it vascilates along with the age of the estranged spouses.  What is longer period to a 30 year young man is quite different to a 70 year old man.  Don't you think so.  So, you can say nothing about how much is longer period.  For a magistrate, 2 years is a longer period and in the eyes of High Court judge, not less than 5 years is a longer period and in the Supreme Court, God knows how many years become a longer period.  So, to find out about this particular fact, the poor litigant has to fight it out from Magistrate court to Supreme Court and poor advocates as flummoxed as litigants sweat it out in black coats and blind vision.  Cheers to our Supreme Court.

rajiv_lodha (zz)     24 September 2014

They 1st start the game ............then make the rules

Totally reverse

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 September 2014

What Supreme Court says is only general principle. If the law-makers take cognizance of what Supreme Court has said and proceed to make law they will have not only to define what is a long period but also many other things. Long before the kind of live-in-relationships we talk about there was what was called maitri-karar of friendship contract in Gujarat. 

Supreme court makes statements and observations on the case before them. Parliament makes laws taking into account all possible things.

Lifting statements from Supreme Court judgments, Gita, Bible or Quran can be misleading.

Adv k . mahesh (advocate)     25 September 2014

Live-in relationship is one such connection in which a boy and girl have some relation before their marriage and if they are satisfied with their partner they get married or be like that for years. This kind of act though seems different; it is one, which is being implemented today. Live-in relationship handles matter of premarital s*x, but those couples who are maintaining relations don't mind such things. Overall, this relation builds up harmony between the couples, but spoils their social influence  

Live in relation i.e. Cohabitation is an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and/or s*xually intimate relationship. The term is most frequently applied to couples who are not married 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 September 2014

It is not necessary to have intention of a marriage in a live in relationship. There are persons who go on changing partners every few years.

In countries where there are strong gender biased laws the male has to be extremely careful. If things do not go well or if they get surprised in awkward situations the female can start shouting rape, rape and the male would have it for his life.


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