Sammy 17 August 2016

what relation would this be termed in law?

Hi iam Sam,(hindu) I eloped with Amit against my parents wishes. We were never married in the court or in a temple, we just lived together. We have a son. I lived with Amit for 7 years and left him for his drinking habit and physical abuse. We are living separately since 3 yrs now. My questions are. 1. What is this kind of relation termed in law? 2. As we do not have any marriage taken place and have no documentary evidence, is this relation even recognised in law? 3. Are we both legally obligated in any manner, towards each other? For eg: remarriage, property, assets or liabilities ? 4. As there is a child born out of this relation, does it automatically make us husband and wife? 5. As there is a child from this relation, is it necessary to legally dissolve our relation in any way?

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 August 2016

A live in relationship cannot be equated with a marriage for the purposes of marital status. You could claim maintenance from your husband in case the factual scenario calls for the same.

Even if the child has been born without there having been a marriage between the parties, he or she still retains the equivalent recognition given to a child.

Augustine Chatterjee

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Advocate & Solicitor at Law

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Sammy 17 August 2016

Thank you Ramesh and Augustine for your time and answer. No offence to any of your valuable replies, but I do see slight contradictions. Pardon me for my illiteracy at this matter, but it's still not clear...if 1. The Hindu Marriage act 1955, applies to our relation?