Live in relation
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
1) is Government legalised the concept of Live In Relation ?
2) is it an offece if two opposite sex live together ?
3) what is the overall Status of Live In Relation in india ?
4) any recent Decisions Judgements in this regards by any court ?
plz some experts clarify my doubt
ajay sethi
(Expert) 15 September 2011
the Supreme Court in March 2010 opined that a man and woman living together without marriage cannot be construed as an offence.
"When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence," a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chauhan observed.
The court said even Lord Krishna and Radha lived together according to mythology.
The apex court said there was no law which prohibits live-in relationship
prabhakar singh
(Expert) 15 September 2011
1. no codified law so far in my knowledge.
2.no,not at all.
3&4.the status is valid & lawful
as per decision of a supreme court:.......
"When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence," a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chauhan observed.
The court said even Lord Krishna and Radha lived together according to mythology.
The apex court said there was no law which prohibits live-in relationship or pre-marital sex.
The apex court made the observation while reserving its judgement on a special leave petiton filed by noted south Indian actress Khusboo seeking to quash 22 criminal cases filed against her after she allegedly endorsed pre-maritial sex in interviews to various magazines in 2005.
ajay sethi
(Expert) 15 September 2011
A Supreme Court Bench comprising of Justices Markandey Katju and T.S. Thakur have said, “An unmarried woman will not be able to claim maintenance by merely spending weekends together or a one night stand would not make it a domestic relationship. Not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (The Protection of Women from Domestic Violence Act, 2005) . To get such benefit the conditions mentioned must be satisfied, and this has to be proved by evidence. If a man has a ‘keep’ whom he maintains financially and uses mainly for sexual purpose and / or as a servant it would not, in our opinion, be a relationship in the nature of marriage”.
For the purposes of claiming benefits under the domestic violence law, the claimant must satisfy four requirements i.e. (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including being unmarried and (d) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
The Bench opined that a ‘relationship in the nature of marriage’ under the Protection of Women from Domestic Violence Act must also fulfil the above requirements and in addition the parties must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act (Protection of Women from Domestic Violence Act, 2005).
M/s. Y-not legal services
(Expert) 15 September 2011
Yes. Living together is not offence.. But whether its offence or not, it is according to who are that persons? Because no one allowed to live together with one another's wife or husband..
Guest
(Expert) 15 September 2011
Yes i strongly admit and agreed with Adv. Tom comments.
Adv. Tom is absolutely right.
Sailesh Kumar Shah
(Expert) 15 September 2011
'Live In Relation' is not offence subject they are not married with another one.
Querist :
Anonymous
(Querist) 15 September 2011
thank you to the all experts
