Upgrad LLM

rights of woman in a live-in relationship


Hi memebers..

Please guide me with by and against arguments along with legal provisions relating to following issues:

  1. whether women in live-in relation can claim maintainance under sec.125 of Cr P C.?
  2. legal status?whether a woman can claim that she shld be given a legal status as a wife?
  3. whether child born out of live in relation should get  legal status?and rights in the property of parents?
  4. whether live in relation should be legalised?
  5. can any NGO representative file petition on behalf of 1000 women facing the same problem in the courtt?

Following are the rest details of the case:

for a girl its not easy to find a good job because of lack of present qualification.

boy has also left her and has strted living with his parents and also he has stopped paying rent for the flat where they had been living...and girl has informed him that she is 3 months pregnant.....tat boy informed her tat he never intended to create any legal relationship so he is nt respossible for any consequences..

now girl cant go bak to her parents as they would nt even accept her.....she has no means for her maintainance....

 
Reply   
 

Dear Dimple,

Pointwise as under:-

1. no girl can claim any maintenance u/s 125 CrPC in case of live-in relationsip.

2. yes woman can claim to provide/ issue a legal status as wife subjected to certain terms and conditions.

3. no the child will not get any legal status and also will not get any share in the property of that guy/ his parents.

4. yes live-in relationship can b legalised if u both marry each other or get ur  marriage registered before the court.

5. why NGO, we can also file a petition before the court for the same.

 

further, feel free to call/ contact me asap to proceed further.

 

Manoj kumar,
Advocate,
Delhi.
Ph: 0931 044 3650

advocates.agra@gmail.com

 
Reply   
 


UNEMPLOYED

1.    whether women in live-in relation can claim maintainance under sec.125 of Cr P C.?

no

2.    legal status?whether a woman can claim that she shld be given a legal status as a wife?

no

3.    whether child born out of live in relation should get  legal status?and rights in the property of parents?

Yes.

4.    whether live in relation should be legalised?

According to me, no.

practically it is not possible.

5.    can any NGO representative file petition on behalf of 1000 women facing the same problem in the courtt?

: May file. I hope it will be entertained. But the first and foremost question will come that - why they did not go through the formal marriage?

"also he has stopped paying rent for the flat where they had been living...and girl has informed him that she is 3 months pregnant....."

: this may help to file a dv case for residence.


Total likes : 2 times

 
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you reply is SUPER SIR

 
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sir can you cite some case laws relating this topic

 
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they did nt get married because boy ddnt want to  bind himself into legal contractual relationship...even though a gal files petition to claim mention right on wat legal provision court wil grant such rights?b'cos live-in relationship doesnt create any rights n obligation on any party...

 
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UNEMPLOYED

domestic violance act applicable on such relationship.

 

can you cite some case laws --  matter discussed several times in several threads; you will get it there.

 
Reply   
 

Sir,

 

When the relation is not legal - then - how come the Domestic Violence is applicable? Secondly the opposiite party can even prefera fallse complaint to pressure the other.Thirdly when the lady / girl do not have any protection - why should the maintenance is given ?- is it to protect the child?

 
Reply   
 
UNEMPLOYED

When the relation is not legal - then - how come the Domestic Violence is applicable?

--  the relation is not illigal.

it does not attract marriage laws of this country.

domestic violence attract by virtue of it's provisions. those who are living in same residence, there, female shareholders can complain against their male share holders of the residence.

 
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