How to break Living relation
Narendra kumar
(Querist) 03 September 2016
This query is : Resolved
Hello sir I want to know how I can break Living relation because I m so tired with this lady she always doubting me heating me and always fighting with me sir help me what can I do for break this relationship we have no any legal proof of our relationship
Ms.Usha Kapoor
(Expert) 04 September 2016
Dear Client,
Since how long you've been living in relationship? Is it few months or few say 2 or 3 years? If the live in relationship is of short duration you can break it off and according to some old supreme court rulings live in relationships are walk in and walk out relationship if they are of short duration.At the time of entering into this relationship did you sepearately got drafted a written agreement signed by you both attested by a Notary and two witnesses and got it registered providing for your rights and obligations including in the event of quarrels breaking out which are irreconcilable the live in partner who breaches the agreement and breaks the terms and conditions of live in relationship automatically the live in relationship dissolves or beaks.You simply walkout of this relationship by getting transferred to some other place to escape your partner's quarrelsome nature and daily bickering nuisance.
Sudhir Kumar, Advocate
(Expert) 04 September 2016
But keep some money atleast 2-3 lakhs for cost of litigation and bail when she files rape charges, charges of breaking marriage promise on not being given dowry etc.
J K Agrawal
(Expert) 04 September 2016
Live in Relationship is taking shape of some Law. It would be better if Madam Kapoor suggest some citations if she has these handy so that we can understand more.
Ms.Usha Kapoor
(Expert) 04 September 2016
Dear Mr.Aggarwal Ji,
I wrote blog on Live in Relationships. Please log into that blog and read it where I clearly cited high court and Supreme Court old and new citations for Readers BENEFIT. Please LOG ON TO www.wizardlegal1.in or https://www.wizardlegal1.wordpress.com
Ms.Usha Kapoor
(Expert) 04 September 2016
Dear Mr.Aggarwal Ji,
I wrote blog on Live in Relationships. Please log into that blog and read it where I clearly cited high court and Supreme Court old and new citations for Readers BENEFIT. Please LOG ON TO www.wizardlegal1.in or https://www.wizardlegal1.wordpress.com
Kumar Doab
(Expert) 04 September 2016
Although you have used terms like 'Legal Proof', it shall be certainly better if you check with your own counsel specializing in such/family/civil matters and avoid acting on your own.
J K Agrawal
(Expert) 04 September 2016
Madam Kapoor.
I have gone through the blog and it is nicely drafted.
In Muslims The marriage is almost a 'Live in Relationship' governed by a contract. It is later on termed into some laws.
"Muta Marriage" in muslims is pure form of 'Live in relationship".
In Hindus the concept of Live in Relationship is recognized since thousands of years. The 8 type of relations are considered as 'Marriage' in Hindu Law and the Live in Relations in one of theme.
In Hindu law 'Marriage' means 'to live together'. There is no form of marriage in Hindus. Only some 'relations' recognized as 'Marriage' between them. It may be noted that taking 7 steps is only one of the so many traditions.
In this way the Hindus were most advanced and civilized community having proper laws of life.
Actually there in no law anywhere in world which mandate 'Marriage' to Live in.
Then why 'Marriage' word came in use? It means 'Live in Relationship governed by some laws'.
Now it is concluded that Male and Female (or I say two males or Two females) can live together if they do not want any law to govern them. It you can say 'Live in Relationship'.
If they want to be governed by some law they should do some thing that is known as word 'marriage,.
But what would happen if they want to be governed by ONLY some rules as described in case of 'Marriage'. Means they want to choose some laws and do not want some other laws. It makes them not to 'marry' but to create some own rules and 'live in'.
This may be called a 'Tailor made Marriage'. Let me again define it ' Live in relationship' governed by some rules of "marriage" suitable to both of them'.
I can say much more but I think this much is once enough.
Ms.Usha Kapoor
(Expert) 04 September 2016
Dear Experts,
10 Times Indian Courts Have Been So Progressive About Live-in- Relationships
The Supreme Court observed, "In modern times, live-in relationship has become an acceptable norm. It is not a crime," a bench of Justices Dipak Misra and Prafulla C Pant observed.
But this isn't the first time Indian judiciary of the Supreme Court have ruled that live-in relationships are not a crime! It's done that on at least two separate occasions
I/m providing a supremecourt in which some other SC and Highcourt rulings are also cited on the ratio of live in relationships.
Judiciary's approach to live-in relationships
In a ruling on the issue, the Supreme Court of India has stated that the woman in a live-in relationship is to be considered as 'the wife', unless proved otherwise. The ruling reads that unmarried couple living together as husband and wife for long term would be presumed to be legally married and the woman would be eligible to inherit the property after death of her partner. It also mentioned that continuous cohabitation of a couple would raise the presumption of valid marriage and then it would be for the couple to prove they were not legally married.
#The first case in which the apex court of India recognized live in relationship as a valid marriage was that of Badri Prasad vs. Dy. Director of Consolidation. The court granted legal validity to the 50 year live in relationship of the couple.
#In Payal Katara v. Superintendent, Nari Niketan Agra case 2001, the Allahabad High Court ruled that a man and woman could live together without getting married. Justice M Katju and Justice R B Mishra stated, “In our opinion, a man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but is not illegal. There is a difference between law and morality.”
#The Privy Council (a body that advises the head of state of a nation) in A Dinohamy v. W L Blahamy laid down the rule that “where a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage.”
#In S Khushboo Vs. Kanniammal & ANR. The Supreme Court of India held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex.
#In 2010, the apex court, in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. dismissed an appeal in a property dispute holding that there is a presumption of marriage between those who are in live-in relationship for a long time and it could not be termed as 'walking-in and walking-out' relationship.
#In 2008, a SC bench comprising Justices Arijit Pasayat and P.Sathasivam ruled in favour of legitimising a live-in couple as they had lived together for 30 years.
#In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors., 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 coparceners property.
#In 2003, Justice Malimath Committee report suggested and the Law Commission of India stated that if a woman has been in a ‘live in’ relationship for a reasonable period, she should get all the legal rights of that a wife gets. The recommendation was later accepted by the Maharashtra government.The Hindu Marriage Act 1955 does not recognize ‘live-in-relationship’, nor does the Criminal Procedure Code 1973, but The Protection of Women from Domestic Violence Act, 2005, provides for the protection, maintenance and right of alimony to the female live-in partner. Under the Act, women who live in such an arrangement have all the benefits covered within the term “domestic relationship”. Female live-in partners may be granted alimony under the Act.
#The Fundamental right under Article 21 of the Constitution of India grants to all its citizens “right to life and personal liberty” which means that one is free to live the way one wants. Though live in relationship are considered improper and immoral by many but it is not “illegal” in the eyes of law.
Due to the absence of any legislation legalizing live-in relationships, courts have taken the view that where a man and a woman live together as husband and wife for a long term, the law will presume that they were legally married unless proved contrary. Section 114, Indian Evidence Act, 1872, reads that where independent evidence of solemnization of marriage is not available, it will be presumed to be a valid marriage by continuous cohabitation between the parties unless the contrary is proved.
Indian courts have in one way or the other tried to legitimize live-in relationships, showing an inclination for a legislation to be enacted to protecting the rights of couples in a live-in relationship. It is praise-worthy that the courts have felt the need to come up with a legal provision to secure the future of a child born from a relationship which has not taken the shape of marriage.
Ms.Usha Kapoor
(Expert) 04 September 2016
10 Times Indian Courts Have Been So Progressive About Live-In Relationships
india
10 Times Indian Courts Have Been So Progressive About Live-In Relationships
The Supreme Court observed, "In modern times, live-in relationship has become an acceptable norm. It is not a crime," a bench of Justices Dipak Misra and Prafulla C Pant observed.
But this isn't the first time Indian judiciary of the Supreme Court have ruled that live-in relationships are not a crime! It's done that on at least two separate occasions.
Dear Experts,
I/m providing a supremecourt Ruling in which some other SC and Highcourt rulings are also cited on the ratio of live in relationships.
Judiciary's approach to live-in relationships
In a ruling on the issue, the Supreme Court of India has stated that the woman in a live-in relationship is to be considered as 'the wife', unless proved otherwise. The ruling reads that unmarried couple living together as husband and wife for long term would be presumed to be legally married and the woman would be eligible to inherit the property after death of her partner. It also mentioned that continuous cohabitation of a couple would raise the presumption of valid marriage and then it would be for the couple to prove they were not legally married.
#The first case in which the apex court of India recognized live in relationship as a valid marriage was that of Badri Prasad vs. Dy. Director of Consolidation. The court granted legal validity to the 50 year live in relationship of the couple.
#In Payal Katara v. Superintendent, Nari Niketan Agra case 2001, the Allahabad High Court ruled that a man and woman could live together without getting married. Justice M Katju and Justice R B Mishra stated, “In our opinion, a man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but is not illegal. There is a difference between law and morality.”
#The Privy Council (a body that advises the head of state of a nation) in A Dinohamy v. W L Blahamy laid down the rule that “where a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage.”
#In S Khushboo Vs. Kanniammal & ANR. The Supreme Court of India held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex.
#In 2010, the apex court, in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. dismissed an appeal in a property dispute holding that there is a presumption of marriage between those who are in live-in relationship for a long time and it could not be termed as 'walking-in and walking-out' relationship.
#In 2008, a SC bench comprising Justices Arijit Pasayat and P.Sathasivam ruled in favour of legitimising a live-in couple as they had lived together for 30 years.
#In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors., 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 coparceners property.
#In 2003, Justice Malimath Committee report suggested and the Law Commission of India stated that if a woman has been in a ‘live in’ relationship for a reasonable period, she should get all the legal rights of that a wife gets. The recommendation was later accepted by the Maharashtra government.The Hindu Marriage Act 1955 does not recognize ‘live-in-relationship’, nor does the Criminal Procedure Code 1973, but The Protection of Women from Domestic Violence Act, 2005, provides for the protection, maintenance and right of alimony to the female live-in partner. Under the Act, women who live in such an arrangement have all the benefits covered within the term “domestic relationship”. Female live-in partners may be granted alimony under the Act.
#The Fundamental right under Article 21 of the Constitution of India grants to all its citizens “right to life and personal liberty” which means that one is free to live the way one wants. Though live in relationship are considered improper and immoral by many but it is not “illegal” in the eyes of law.
Due to the absence of any legislation legalizing live-in relationships, courts have taken the view that where a man and a woman live together as husband and wife for a long term, the law will presume that they were legally married unless proved contrary. Section 114, Indian Evidence Act, 1872, reads that where independent evidence of solemnization of marriage is not available, it will be presumed to be a valid marriage by continuous cohabitation between the parties unless the contrary is proved.
Indian courts have in one way or the other tried to legitimize live-in relationships, showing an inclination for a legislation to be enacted to protecting the rights of couples in a live-in relationship. It is praise-worthy that the courts have felt the need to come up with a legal provision to secure the future of a child born from a relationship which has not taken the shape of marriage.
Rajendra K Goyal
(Expert) 05 September 2016
What is meant by legal proof?
Try to have amicable settlement otherwise you can be in trouble.
Dr J C Vashista
(Expert) 06 September 2016
You should walk out in a dignified manner after an amicable settlement with the lady, as advised by expert Mr. Rajendra K Goyal,
Guest
(Expert) 06 September 2016
Mr. Narendra kumar
Can you clarify, what exactly is hinderance in breaking your live-in relationship?
Also please state, what was the background of establishing that live-in relationship?
Rajendra K Goyal
(Expert) 08 September 2016
It seems the author has preferred to keep mum on the questions from expert P.S. Dhingra ji.
Kumar Doab
(Expert) 08 September 2016
Author has not responded to the points raised by expert Mr. P.S. Dhingra.
Raj Kumar Makkad
(Expert) 08 September 2016
On the one hand the author has still not responded and on the other hand the replies are best example of copy and paste. ....chalu aahe.
Guest
(Expert) 09 September 2016
There is usually no explanation for the hypothetical and academic questions with the law students, when asked ome question about their statements.
So, may be the case with the author, which compelled him to keep mum on my questions for the last two days.
Kumar Doab
(Expert) 09 September 2016
Author has not responded to the points raised by expert Mr. P.S. Dhingra.
What is meant by legal proof?
Rajendra K Goyal
(Expert) 27 September 2016
Seems observations of expert P.S. Dhingra ji are correct.
Kumar Doab
(Expert) 27 September 2016
Thus the thread may be deemed as closed.
