Cohabitation Preponderant To Marriage Or Imprecise: A Stance To Child (India)

Aishwarya Amber & Mugdha Pathak, Christ (Deemed to be University)

ABSTRACT

Living together as a pair without formally wed locking each other is known as a live-in relationship and is frowned upon in India. However, for a number of reasons, such relationships have recently become more widespread. In the lack of any explicit laws, regulations, or traditions on the matter, the Supreme Court has established some criteria in its ruling to govern such relationships. After evaluating these rulings systemically, this article attempts to determine the current legal stances regarding live-in partnerships in India. Live-in relationships between two consenting adults are not regarded as illegal, and the Prevention of Domestic Violence Act of 2005 considers such relationships to be "in the nature of marriage" if the couple presents themselves to society as husband and wife and live together for an extended period of time. As a result, the clauses of the agreement allow the female partner to request alimony. Although they are not eligible for a coparcenary share in the Hindu undivided family property, children born out of such relationships are nevertheless regarded as genuine and entitled to receive a portion of the property that their parents have amassed on their own. Live-in relationships may help a couple get to know one another better, but such an unrestricted arrangement is not without its drawbacks.

Keywords: Non-Marital Cohabitation, Live-in Relationship, marriage, child, separation, rights, alimony