sunil sharma (Manager) 04 February 2010
if two person are in live in relationship, then which type of relationes would be shown in their identity or residential documents.....like rashan card, rent slip,joint bank account...can wthey show the the identity as a husband or wife in live in relationship without marriage?
N.K.Assumi (Advocate) 04 February 2010
Just Cohabiting, thats all.
Suchitra. S (Advocate) 04 February 2010
They are seperate, single individuals and there is no option like "live in relationship" to quote in ration card, passport etc in India, as of now. :) Yes, they can have joint account in banks but as seperate two individuals having common account. They cannot show that they are husband and wife for sure, coz, marriage is a recognised intitution in law.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 04 February 2010
you have the liberty to show the said relationship as husband and wife but mind it, it may be treated as a legal document.
sunil sharma (Manager) 04 February 2010
actually my friend & their gf are live in relationship & had put their names in the Rashan Card as a Husband & wife for the resindial proof?
then now please tell me:
1. what relation should be put in Rashan card instead of "Wife" to change.(give me the exact word)
2. if they shows as a legel documents as a husband & wife in Rashan card then what woould be punishmant for them.
3. they are in Prohibited relition as per HMA.
please suggest me what they should do?
Suchitra. S (Advocate) 04 February 2010
I differ from Arup Sir. They cannot say they are husband and wife.
sunil sharma (Manager) 04 February 2010
then please help to suggest them to solve solve the above problem?
Suchitra. S (Advocate) 04 February 2010
Sunil, they have to realise that there is no laws on live in realtionship in India as of now apart from the fact that in one or two cases Apex Court has granted maintenance if the relationship is long lasting. So, it is premature to talk about such rights under live in relations. I told you that while marriage is a recognised institution, where as live in relation is not, here.
sunil sharma (Manager) 04 February 2010
so, please tell me to produse any avedince if somebody ask(may be the court or police) for their live in relationship?
can they make any affidavite for the same that they are living toghter with their will at the same residanse for their protection from any isssues?
sunil sharma (Manager) 04 February 2010
can any agreement could work as a avidance beetween girl & my friend to prove their live in relationship. it would be a legel or not?
N.K.Assumi (Advocate) 04 February 2010
Dear Suchitra, DVA 2005 recognised live in relationship for maintainence, which means the law is slowly graduating to giving status to live in relationship as a home. If it is a secret relationship that is ok, but if it is open live in relationship there should be no problems for any joint documents as questioned by Sunil. But that is my personal views only.
Suchitra. S (Advocate) 04 February 2010
Assumi sir, I have answered about Courts giving maintenance in some cases. But sunil's question was different. I hope I have answered to the best of my knowledge. If the Court recognises live in relationships, then there should be some law relating to that. Until then, I think they cannot declare themselves having live in relationship in ration cards, rent agreements, or bamk applications, if I am not wrong. So, it is as good as a secret relationship.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 04 February 2010
mr sunil, first you find whether your friend did any criminal act or not. if one of the party having spouse, then it may be a criminal act us 494 or 497 of ipc.
"3. they are in Prohibited relition as per HMA." - Prohibited relition as per HMA is
'5. Conditions for a Hindu marriage. 5. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:- (iv.) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.' if you are telling about this relationship, and niether party having a living spouse, your this relationship is not a marriage and void one. it will not effect much more, it is not a criminal act. but it is safe that, not to decleare themselves as husband and wife. giving false information by affidevit is penal offence. you both prepare ration card showing you as bachellor.no problem for it. everywhere you show you are bachelor and living in the same address. no body will touch you including police, court, and other govt.officials. but do not write a lie, which is easily proovable. you can easily open a joint bank account showing the same residencial address. if anybody ask, you just tell that, yes we are staying together.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 04 February 2010
if you boldly tell that you are staying together. police and court will not ask you further. but if you hesitate, anyone may chese you, guessing your guilty feelings.
one another problem faced by such couple, ie, to get a residence on rent. some people lies on that moment. though it is not a big offence but you frawd with your land lord, in that case better find such a residence, where you have taken the land lord in confidence after telling the truth.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 04 February 2010
ms. sucharita, where such relationship once established, - then it is far from dv, 498a etc. real love may be seen there - where parties are ready to sacrifice anythingh for the other party. but it is painful to me that such relationship is void and the society makes it unethiical.
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