Legal Validity of Living Relationship
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Legal decisions
Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act.[1]
In S. Khushboo Vs. Kanniammal & Anr.,[2] the Supreme Court of India, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr.,[3] held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. The Supreme Court on 13 August 2010 in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. [4] has once again entered the debate on legality of the Live-in Relationship as well as legitimacy of Child born out of such relationship. The Court while dismissing the appeal in the property dispute held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out ' relationship. In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors. [5] dealing with the legitimacy of child born out of a live-in relationship and his succession of property rights, the Supreme Court held that child born out of a live-in relationship may be allowed to succeed inheritance in the property of the parents, if any, but doesn 't have any claim as against Hindu ancestral coparcenary property.
The Delhi High Court in its decision on 10 August 2010, in Alok Kumar v. State & Anr[6] while dealing with the validity of live in relationship held that "‘Live-in relationship’ is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will
Legal decisions
Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act.[1]
In S. Khushboo Vs. Kanniammal & Anr.,[2] the Supreme Court of India, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr.,[3] held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. The Supreme Court on 13 August 2010 in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. [4] has once again entered the debate on legality of the Live-in Relationship as well as legitimacy of Child born out of such relationship. The Court while dismissing the appeal in the property dispute held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out ' relationship. In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors. [5] dealing with the legitimacy of child born out of a live-in relationship and his succession of property rights, the Supreme Court held that child born out of a live-in relationship may be allowed to succeed inheritance in the property of the parents, if any, but doesn 't have any claim as against Hindu ancestral coparcenary property.
The Delhi High Court in its decision on 10 August 2010, in Alok Kumar v. State & Anr[6] while dealing with the validity of live in relationship held that "‘Live-in relationship’ is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will
References: 4. ^ (Civil Appeal No. 6466 of 2004, decided on August 13, 2010) (Paras 19-22) 5 6. ^ "Alok Kr. v. State (Cr. M.C. No. 299/2009, decided on August 9, 2010)". High Court of Delhi. Retrieved 25 August 2010. 7. ^ CRIMINAL APPEAL NOS. 2028-2029 Of 2010 ------------------------------------------------- [edit]External links * Bag, Amartya (30 March 2011). "Succession Rights in Case of Live-In Relationships: An Analysis in the Indian Context" http://hrln.org/hrln/womens-justice-/pils-a-cases/243-domestic-violence-cases-.html Compensation order under DV Act, 2005 • Scotland Family Law (Scotland) Act, 2006, for the first time identified, and in the process by default, legalised live-in relationships of over 150000 cohabiting couples in the country • United Kingdom Live-in relationships in the United Kingdom are largely covered by the Civil Partnership Act, 2004