Live-in relationships have been around for a long time in India. There is still confusion regarding this setup among people. Not only is the public confused, but couples in a live-in relationship are also unaware of many things. Did you know that there are a few laws related to live-in relationships? The live-in relationship concept is not recognised as a legal union in India, but the Supreme Court has said that it is not a criminal offence or illegal. Since the introduction of the Uniform Civil Code in Uttarakhand, things have turned upside down. This makes it a major milestone in bringing clarity to live-in relationships. When this law comes into effect, those in a live-in relationship will have to register it within a month. This legal recognition ensures the protection of individual rights. This trend, which is in line with the evolving social norms, confirms the need for a legal framework that accommodates new relationship models.
Apart from the rule published in the state of Uttarakhand, people in a live-in relationship have certain rights and protections under the law. For example, children born in a live-in relationship were previously considered illegitimate in the society. Due to a Supreme Court verdict, children born out of a live-in relationship were also given a legal share in the property.
Live-in relationships were reportedly declared valid for the first time after the Supreme Court verdict of 1978. This living setup is legally recognised based on factors like the consent of both the parties involved in the relationship, willpower and attainment of legal marriageable age. People who have lived as a couple for a certain period are also treated as married.
As far as women’s rights are concerned, any man who fails to provide adequate maintenance to a woman can be prosecuted under the Criminal Procedure Code. Under the Women and Domestic Violence Act, of 2005, women in live-in relationships are granted certain economic rights. The Maharashtra government recommended in October 2008 that a woman who has been in a relationship with a man for a few years should be given the status of a wife.
The Justice Malimad Committee set up by the Supreme Court ruled that a man and a woman should be treated as husband and wife, even if they live in a live-in relationship for a reasonable period to ensure the safety of women.
In a case dated September 16, 2009, Cr PC Under Section 125 of the Act, the judgement held that a woman need not enter into a formal marriage for her maintenance. The case also held that a woman who has completed 21 years of age has the right to live with a man without marrying him because she is of legal age. A man and a woman who can live in a live-in relationship for a reasonable period will be considered as husband and wife.
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