In modern times the trend of live in relationship is increasing. Working youth are also giving importance to live in relationships at the place of marriages. Live- in is used more in big cities. The arrangement of women and men living together without marriage is called live in relationship. Live in is the lifestyle of the West and Indians have started adopting it very fast. Due to caste and religious ties and other restrictions in marriages, young men and women have started giving priority to live in these.
Shareholders in the property related to inheritance get the Peferential Right. When this type of system starts to flourish within the people in the society then a systematic law is also necessary on it. Live-in crime, although live-in is not recognized at the social level and it is not recognized in different religions, but Indian law does not consider live-in as a crime. In India, a practice like live is valid and any two people can live in TOGETHER, it is completely valid in Indian law ..
When a Hindu heir is evicted from succession, the Indian law on live-in so far, the Parliament of India and the Legislature of a state have not enacted any systematic integrated act on live-in ... but domestic violence The definition of live in is obtained under Section 2 (f) of the Act 2005, as people living in live in .. under the Domestic Violence Act can also get protection. According to Section 2 (f) of the Domestic Violence Act 2005.
How Succession Determines the Property of a Hindu Woman Who Dies Without a Will "Domestic kinship refers to kinship between two persons who live together or live together in a shared household. Have been, when they are related to co-ordination, marriage or marriage, by any kinship of the nature of adoption, or a member of a family living together as an undivided family. " From this section of the Domestic Violence Act it appears that relationships like live-in have been given place in Indian legislations. In addition to this section from time to time, cases related to live-in have been coming up in the Supreme Court, on which laws have been made regarding the system like live-in. Hindi Law Part-15: What is the sequence of property sharing among the heirs of a Hindu man who died without a will? The decisions given by the Supreme Court of India have a place similar to that of a relevant law and in the absence of any codified law, the decisions of the Supreme Court act like a law. Even though no relevant law live is present in the context of these arrangements, the judgments of Supreme Court are giving guidance on the system related to live in. That justice judgment is as follows- Conditions for live in
The Supreme Court has laid down the entire guidelines relating to live in… in the case of Indira Sharma v. VAV Sharma 2013 in the Supreme Court. All the questions related to live arrangement have been answered and the conditions under which a valid live can be made subject to them.
1) - Reasonable period of living together- Both parties of any live-in should be in a reasonable period of living together. Neither party will be in such a way that they are living together and not staying together at any time. A rational period is necessary to live together. If the appropriate period is completed then the live in will be considered. Yuktiyukt period means such period, so that it can be assumed that the parties of live in have been together for a particular time. It should not happen that two parties stayed together for a day or two and then went away, then after a few months or years they started living together and then went away. A continuous rational period is essential for live in. Such period can also be 1 month, 2 months but there is no fixed time limit for this.
2) - Living in a house, the parties of live-in are required to live together in a house like husband and wife. The parties of a house use live in and live under the same roof, they have a house of their own.
3) - Use of objects of the same house Both parties of the live-in are using the objects of the same house jointly, in the same way that a husband and wife use things while living in one house.
4) Helping each other in household chores: Two parties help each other in household chores while staying together in the house and thus the chores of the house are divided.
5) - Love the children, the parties of these people keep their children with them affectionately and have the same kind of affection and love with them, the kind of affection parents have with their children, the kind of love that husband and wife give to their children With the children produced by
6) - People should be aware that when both of them live together, then there should be such information in the society that both parties live together like husband and wife sharing a house and The common intention is for both of them to be together. They will also form a physical relationship among themselves because if both of them live together like husband and wife, then it is possible that they will also establish a physical relationship.This means that there should not be any hidden covert affair like jarkram so that only those who know it do not know that they live together.
7) -The parties of live-in should be adult-favored live-in parties. They have attained the age of adulthood. Adulthood is 18 years of age under the Indian Engagement Act.
8) - Have a healthy mind
9) - An important condition is that neither of the parties should have any spouse in the past while living in the live. Live in would be illegal. In a case of Lata Singh vs State of UP 2006, two parties had run away and got married in the temple and started living together. Their marriage was not completed according to the ritual of marriage, but in this case in the Supreme Court, it was held that two adulthood parties can live together as their spouses voluntarily and can also have children and for this There is no need for any religious ritual or for any valid marriage.
Thus, two people living together can never be considered a crime. In the case of Chanmunia v. Virendra Kumar Chanmunia, the Supreme Court clarified that the right of the female party of the live-in has been stated that the female party of the live-in received the maintenance from the male party of the live-in under section 125 of the Code And the woman cannot be deprived of the right of maintenance, saying that she had not married a valid marriage. If both the parties stayed together like live-in arrangement like car husband and wife, then the female party can ask the male party for maintenance under Section 125 of the Code of Criminal Procedure.
If any child is born in the parties of live-in during the period of live-in inheritance to the child born from the property, then the child born in this way is in the father's property and mother's property and both of them The inherited property will have the right to inheritance in the same way as children born from a valid marriage. This was stated by the Supreme Court of India in 2011 in the case of Ravindra Singh vs Mallika Arjun. In the case of Nandkumar vs State of Kerala, it has been said that if the age of the man was not 21 at the time of marriage and the man was more than 18 years of age then in such a situation even if the marriage is not there, it can be considered live.
Living in lawful marriage parties of these illegal live-in couples whose marriage with other persons still exists, but now both of them are living together, such live in will not be valid and will not get any protection by law. In Akhilesh and others v. State of Uttar Pradesh and other writ C No. 6681/2020, Allahabad High Court has stated that when a man and a woman, during the existence of their marriage with other persons (legally end their marriage with other persons) If not), if they live together in a relationship, they will not be entitled to any protection under the law. In this case the court stated that "the marriage of both the petitioners is not terminated in accordance with the law.
During the subsistence of their marriage with the other partner, it is not possible for the court to provide protection to the couple, which is virtually the law "The court said that the sanctity of the marriage has to be preserved. If a party wants to get out of it, it can always demand a legally severed marriage. However, the court will help those people Can not give those who do not want to follow the law .
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