Legal aspects of live-in relationship in India | Live Law
There is no such Act or Clause in the Indian Constitution which if an innocent unmarried couple goes ahead and books a hotel room for a few. An increasing number of couples choose a live-in relationship, over marriage. In such situations, various economic, social and legal issues. In India, marriage is considered as a sacramental and perpetual union and the legal consequences of marriage that follow add to the sanctity of.
Check this fine print of booking conditions set out by a leading online travel portal Cleartrip. Cleartrip will not be responsible for any check-in denied by the hotel due to the aforesaid reason.
MakeMyTrip also has the same policy. The denial by hotels prompted us to check out if it was necessary for couples to be married, before they ventured to travel together.
Legal status of Live-In Relationship in India
I want to book a room for two adults. Please let me check for the availability.
You want a room for two people, right? We are two people, my male friend and I. We are not married though.
Will that be an issue? And it was not just hotels in Kerala that had a problem with a "Mr and Miss" check-in. The answers to our attempts to book rooms ranged from absolute refusal to obfuscation.
Please leave me an email me at hotelxyz notokay. At times though hotels rent rooms to unmarried couples, some ask for couples to sign in as 'Mr.
- Can an unmarried couple book a hotel room in India?
- Is it legal for unmarried couples to stay in a hotel in India?
- Maitri Karar
Hoteliers say it is a case of playing safe than sorry. Hotels that have such rules, mostly are unsure about renting rooms to a man and a woman who are unmarried. Difference between marriage and live-in relationship Marriage: The institution of marriage is a socially and ritually accepted union and a contract between spouses that institutes rights and legal obligations towards each other.
Live-In Relationship: Here Are the Rights You Need to Know
In light of the diverse culture in India, separate laws have been formulated which lay down the procedure and guidelines for proper execution of marriages in various religions.
Marriage laws have been created to provide remedies for disputes arising out of marriage in different religions. In addition to the law of maintenance under personal laws, Section of the Code of Criminal Procedure also provides for maintenance if the wife is cannot maintain herself. Women can also seek extra-maintenance apart from the maintenance received by her under any other law as per Section- 20 1 d of the Protection of Women from Domestic Violence Act.
There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so.
There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act and the individual facts of the case.
Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.
Protection against exploitation of women and children in live-in relationships Maintenance of lady partner The right of maintenance is available to wives under all personal laws in India. However, none of the religions recognises and accept live-in relationships. Since no remedy is granted to women involved in a live-in relationship, Indian Courts have widened the scope of maintenance under the Criminal Procedure Code. Therefore, Section- of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage.
Domestic Violence The Domestic Violence Act was enforced as an attempt to protect women from abusive physical, mental, verbal or economic marital relationships. Therefore, considering all this even the Supreme Court in a couple of cases has allowed live-in relationships to be covered within the ambit of the law specified.
Children out of marriage Partners living together for a long time may have kids together. However, live-in couples are not allowed to adopt kids as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority.
In case of dispute with respect to custody of the child, you may also consult a Child Custody Lawyer. Legitimacy and inheritance rights of children Inheritance rights of children are mentioned in Section- 16 of the Hindu Marriage Act, where the legal status of legitimacy is provided 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. Custody and maintenance rights of children The position on the maintenance rights of children out of marriage varies in personal marriage laws.
For instance, under the Hindu Law the father has to maintain the child, whereas under the Muslim Law the father has been absolved of such an obligation. However, under Section- of the Criminal Procedure Code, remedy is available for children who are unable to claim maintenance under personal laws. Section- provides a legal right of maintenance to wives, children.