Sometimes what our society deems wrong is seen are legally acceptable. One such thing is live-in relationships. Its very difficult for a couple to experience their relationship beyond themselves and what every couple craves is respect and acknowledgement from the society.
There is no harm in doing that because it’s completely permissible by the court of law if the people cohabiting have attained the legal age and there have been many cases in which the court has protected people cohabiting together. Legally live-in relationships find their roots in ARTICLE 25 OF THE
CONSTITUTION OF INDIA states that no person shall be deprived of his life or personal liberty except according to procedure established by law so the right and the liberty to marry or to live with someone rests upon the individual’s choice and not for others to dictate. However, there are certain rights that one must know before one decides to cohabit
RIGHT TO MAINTENANCE: This provision is specifically framed to achieve social justice to wives but this specific section that is section 125 of the Code of Criminal Procedure has been amended and now it has been extended to impoverished partners of live-in relationships too. If two people living together get separated, then the female partner can claim maintenance from her partner even though they weren’t married.
RIGHT OF WOMAN TO INHERIT PROPERTY: In this particular right, the female partner can inherit her partner’s property after his demise if they were living together. There have been cases where the court has granted the claim of maintenance and given its verdict stating that if two people are living together as husband and wife, the court would presume that they were living together under a legitimate marriage.
LEGAL STATUS OF CHILDREN BORN OUT OF LIVE-IN RELATIONSHIP The court in the past judgments held that the child born out of a live-in relationship cannot be termed as illegitimate. The court held that it would presume such a child to be born out of a married couple for adoption. Though the judiciary protects the rights of people cohabiting there is an absence of a proper statute governing the live-in relationship domain. There is evident legislative ignorance. There is a need of a proper act exclusively for live-in relationships so that people can rely on it without any hesitation. The idea of a live-in relationship should not be considered a TABOO because all of us have the liberty to choose for our own selves and its high time to shift from the orthodox mentality and to evolve.
Its difficult for people to bully you when you know your legal rights.
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