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Krish (Student)     20 September 2014

Need help regarding live in relationship or maitri karar

Dear Friends,

For some personal reason, Me & my lady don't want to tie the knot or enter into relationship of marriage.

I & she both are HIndu & above 21 years. We both are unmarried. We are from Gujarat.

So, the thing i want to know is; can we just live together without marriage? Is it legal? Frankly speaking, if we do so then is it possible that some random police guy someday appears & can book me or her under some section or make us apart in the name of some law? ( asking you this question because you know this society & our family members are very much closed minded & orthodox people, so when they come to know that we are living without marriage.. i think, it's bound to happen)

Or for safety reasons, we should enter in some contract like Friendship agreement or Maitri Karaar?

What are the legal aspects & terms or conditions for the same? Also, please tell me What are the main pros & cons of each?

Thank you in advance!



Learning

 11 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 September 2014

Dear Couple,

You both are adults and can live together in Live-in relationship with each other. There is no Law which bars it in India and it's recognition is also been done by the Hon'ble Supreme Court Of India by confirming girl's right in Live-in relationships. Even the child's rights are also been recognised on same footing.,

Maitry Karar or Friendship Agreement has no legal sanctity except that you both willed to live together that's all, it will not amount to marriage with consent.

Please note, unless you do not do any unlawful act Police can not touch you simply by living together.

Hardeep (Business)     20 September 2014

As said above, rights accrue to both the woman and children if born. You should make yourself aware of such rights.

Hardeep (Business)     20 September 2014

As said above, rights accrue to both the woman and children if born. You should make yourself aware of such rights.

K.K.Ganguly (Advocate)     20 September 2014

1. Legally there is no bar in two persons of opposite s*x living together without being married to each other,

 

2. However, it is also a fact that ours is a orthodox soceity and as you rightly envisaged, policre may arrive & try to harass you or book you in various sections of different acts,

 

3. I agree with you that, to be in the safer side from the police over action, you should execute a Maitry Karar/Friendship Agreement to show to police, should they attempt to disturb you,

 

4. It should be a simple notarisedc agreement, inter alia, stating that you both are staying together willingly without performing marriage and are free to leave the relationship anytime without any notice.

Krish (Student)     21 September 2014

Okie. Thank you very much everyone

T. Kalaiselvan, Advocate (Advocate)     28 September 2014

The live-in relationship is not illegal in our country. the police if under the influence of some vested interests, try to harass or torture you, better approach the higher police officer or the court seeking protection. There is nothing wrong in such relationship, in fact so long this relationship is being maintained, everything will go on smoothly but once this is converted into marriage, the relationship will come to end very soon after that.

Hims   07 December 2015

 

Need Help !!!

 

Hello sirs. I have filed mutual consent separation with my wife. we have already given her a chq + all her material back to her. after few days there will be final date in court. she is not ready to come now in court. before put case in family court we have did one agremnet betwn two familes on front of notery officer for getting seprated. 

if she will not come for final sign. meanwhile i can live with girl in maitry karar law. i am eligable for maitri karar. i am from gujarat. 

Please Help

 

Hims   07 December 2015

Thanks for your reply. i will surely gonna marry to that girl once i will done with my sepratation. my only question is that. dose i am eligible to do maitre karar when my mutual divorce case is on board. as per gujarat Hindu marriage act law

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 December 2015

Please note; There is no such law called Gujrat Hindu marriage Act it is a unifided coded law for all over India called Hindu Marriage Act.

 No you can not make any s*xual relation with any woman till you are married with your wife and also can not have live in relation ship till your marriage knot is tied with your wife it will be treated as Adultery and is punishable under IPC. You can not do any maitre karar before your divorce with your wife. The maitre karak is also do not have any legal sanctity please note it is only marriage or a live in relation ship which is recognised in Indian society and not any Karar or contract to effect that, is in any way enforceable buy any Indian law.

Milan   05 November 2017

Hello Sir,

I have same case as “Hims.”

I have filed a matual consent separation with my wife. But she is not coming to family court for signature.

Also before that we have did an agreement between two families on front of notary officer in sub registrar office for getting separated.

Meanwhile can I live with girl in maitry karar law? 

Please suggest.

Thank you.

Adv Radhika Mehta (Advocate)     08 November 2017

It is not a same case scenario.  He was unmarried, you are married.  Just by filling mutual consent, your marriage has not been dissolved.  Rather than jumping into a live-in relationship, first work on obtaining a Divorce from your wife. 


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