How Can You Approach The Supreme Court For Protection Of Your Live-In Relationship Rights

A live-in relationship, also known as cohabitation, occurs when two individuals who are emotionally attached choose to live together but are not legally married. They share a residence and enjoy a sexual connection, but they refuse to formalize it through marriage.

In a live-in relationship, the couple enjoys the benefits of living together without the legal obligations and formalities of marriage, such as making mutual decisions, sharing responsibilities and household chores, and having the freedom to choose their lifestyle or activities without interference from others.

How Can You Approach The Supreme Court For Protection Of Your Live-In Relationship Rights

Legal Provisions

  • Article 21 of India's Constitution, which guarantees the right to life and personal liberty, serves as a fundamental safeguard for the legal recognition of live-in partnerships. Under its interpretative jurisdiction, the Supreme Court of India has expanded the scope of Article 21 to encompass an individual's right to live with a partner of their choice, regardless of marital status.
  • Section 2(f) of the DV Act defines "domestic relationship" to include unions "in the nature of marriage," granting legal legitimacy to live-in couples. The Act thereby puts women in live-in relationships on equal footing with married women for the purposes of the Act, allowing them the ability to seek remedies for domestic violence.

Case Laws

  • In the case of Velusamy v. D. Patchaiammal (2010), The Supreme Court of India has ruled that a live-in partner may acquire rights to property accumulated during the subsistence of the relationship. Acquisition of such property rights depends on the partner's ability to prove that he contributed to the acquisition of said property.
  • In the case of Tulsa v. Durghatiya (2008), it has been held by the Supreme Court in the landmark case that children born out of a live-in relationship cannot be considered to be illegitimate if their parents have cohabited under the same roof for some considerable period.
  • In the case of Chanmuniya v. Virendra Kumar Singh Kushwaha (2011), the Supreme Court of India held that women in a live-in relationship have a right to receive maintenance under Section 125 of the Code of Criminal Procedure, 1973.

What is a live-in relationship, like a marriage, in the eyes of the law

The "nature of marriage" requires that live-in couples meet specific requirements set by courts in a number of circumstances. They are:

  • Relationship Duration: The pair must have lived together for a significant amount of time, such as months or years. Therefore, a one-night stand, a weekend, or a few weeks cannot be regarded as a live-in relationship.
  • Financial Structure: The pair needs to have a structure that is comparable to that of a husband and wife. For instance, sharing bank accounts, joint-named assets, long-term company investments, and other financial support or pooling of resources.
  • Public Socialization: The pair must interact with friends, family, and others in public.
  • Sexual Relationship: The pair should have a sexual relationship that includes both intimate and emotional support.
  • The nature of a relationship is mostly determined by the partners' shared intentions regarding the nature of their relationship as well as their respective roles and responsibilities.
  • Age: The pair must be older than the legally permissible marriage age of eighteen at the time of the live-in arrangement
  • Domestic Arrangement: A domestic arrangement is required of the couple. For instance, managing household tasks like cooking, cleaning, housekeeping, and so forth.
  • Children: The presence of children is a clear sign that the partners have a long-term perspective on the relationship and that it is similar to a marriage.

Approaching the Supreme Court for Protection of Your Live-In Relationship Rights

  • Select a lawyer who specializes in constitutional issues. His expertise will be invaluable in this intricate procedure. Tell him about your particular circumstance and make sure he is aware of cohabitation.
  • Create a petition. Some important details concerning your relationship should be included in your petition. An explicit statement of the absence of rights, citation of relevant legal precedents and principles.
  • Every court has its own procedures. Be ready to meet deadlines and furnish documents required. Being aware of these facts can do wonders for your case.
  • Seek help from other organizations. Friend-of-the-court briefs may provide added strength, demonstrating that community interest exists in preserving cohabitation.
  • Defend your case. Try sample questions, knowing how you describe the relationship and how it might require protection by law.
  • Prepare for varying outcomes. The Supreme Court can: Grant the case, leading to even wider recognition, Dismiss your petition, leading you to pursue other legal courses of action.
  • If that doesn't work, think about what else you might do. You could turn to local courts or go through legislative processes to enact change.

For any kind of legal issue, please contact Lead India. It offers free legal consultations with many other services. Professional lawyers can be consulted there. Ask any legal questions freely. We offer free legal consultations with other legal services. Lead India ensures you that all personal information and documents will be kept secret. Through the web dashboard, we give you the option to view your cases online. You can easily track case status, payment status, etc.

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