Introduction
In India marriages are considered to be a sacred/divine bond between the husband and wife. The Indian laws recognize such marital relationships and lay down the rights of an individual from such marriage. However, with the changing times, individuals are increasingly opting to be in non-marital relationships also known as live-in relationships.
In such a relationship, unmarried couples live together in an arrangement similar to that of married couples. Although the legal status of live-in relationships in India is unclear, the Hon’ble Supreme Court has observed that any couple living together for a prolonged period of time shall be presumed as legally married for purposes of rights arising from the said relationship unless proved otherwise.
Non-Marital Relationships as Recognized By The Hon’ble Courts In India
In recent times, the Hon’ble Courts in India have been faced with several cases arising out of non-marital/ live-in relationships. When faced with such cases the Hon’ble Supreme Court has opined that:
- Couples living together without marriage cannot be considered illegal.
- An individual who has attained the age of majority has a right to live as per their own will and with whomsoever such individual desires.
- Cohabitation of two individuals under the same roof prior to marriage does not amount to an offense under the law.
A couple cohabiting in a live-in relationship (non-marital) for a prolonged period of time, akin to being spouses, shall be called legitimate partners. Marital laws same as that of a husband and wife will be applicable.
Provision(S) Whereby Maintenance Under Live-In Relationship Can Be Claimed
- Section 125 of the Code of Criminal Procedure (CrPC) has laid out the duty to provide maintenance to a wife/minor children/old age parent, to avoid a situation of homelessness and poverty. The Hon’ble Apex Court of India has broadened the interpretation of the term ‘wife’ and has included relationships between unmarried couple under Section 125 of CrPC.
- Rights of a woman partner in a non-marital relationship/live-in relation is covered under Section 2 (f) of The Protection of Women from Domestic Violence Act, 2005 (hereinafter PWDV Act, 2005). The said act provides for the protection, maintenance and right of palimony to the woman upon her complaint.
- A child born from a non-marital relationship is considered to be a legitimate child and is entitled to receive maintenance from his/her father under the Section 125 CrPC. The Hon’ble Courts have held that a child born to an unmarried couple shall be considered a legitimate child as in the case of a married couple unless the man or woman in this relationship already has a partner who is not divorced.
Conditions To Be Met for Claiming Maintenance
The Hon’ble Apex Court has laid down certain conditions to be met for a live in couple to be considered as a couple in marriage. A woman needs to satisfy the following conditions to be eligible for claiming maintenance:
- The couple is required to hold themselves as being akin to spouses in society.
- They must be of legal marriage age.
- They must otherwise be eligible to enter a legal marriage.
- They must voluntarily cohabit and hold as spouses for a significant period.
Grounds For Claiming Maintenance
An application seeking maintenance can be filed by the female partner on the following grounds amongst others before the competent Court:
- The male partner deserts the female partner.
- Violence or harassment is faced.
- The male partner refuses to maintain the female partner.
How Can Maintenance Be Claimed
Maintenance can be claimed by a female partner upon providing an appropriate application before competent Court. The jurisdiction for such application shall lie with the Court wherein the parties last cohabitated with each other. The amount of maintenance to be granted in such cases shall be at the Judge’s discretion. An appeal can be filed by the female partner in case maintenance is not paid by the male partner despite directions being given by the Hon’ble Court.
Conclusion
The Hon’ble Apex Court, considering the changing times, has recognized non marital/live in relationships. The Hon’ble Apex Court has further laid down conditions to be met out by such couples in order to claim rights arising out of the said relationship in case of dispute between such a couple. The rights of children born from such relationships have also been recognized by the Hon’ble Supreme Court.
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