minakshi bindhani
24 October 2021
As per your concerns!
The Hindu Marriage Act, 1955 states that a girl must be 18 and a boy 21 at the time of marriage. But as per the Majority Act, 1875, “Every person domiciled in India shall attain the age of majority on his completing the age of 18 years and not before.”
In the landmark judgement of S. Khushboo v Kanniammal, the Supreme Court of India held that live-in relationships come within the scope and ambit of Article 21 of the Indian Constitution. However, the legal relationship is permissible only to the persons, who have reached the age of majority that is eighteen years.
Adding to this is the protection of women and child's rights are given in live-in relationships.
Section 125 of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage
As per Section 2 (f) of the Domestic Violence Act not only applies to a married couple but also a 'relationship in nature of marriage'
Section 16 of the Hindu Marriage Act, provides the legal status of legitimacy even to illegitimate children (those born out of marriage) for the sole purpose of inheritance.
Therefore, inheritance rights have been granted to children born out of a live-in relationship. These rights are available in both ancestral and self-bought properties
Hope it helps
Regards
Minakshi Bindhani
