Concept of Living in couple has no legal sanction in India, it neither gives any marital right to the parties nor they enjoy any inheritance rights nor any insurance cover as a legal spouse unless nominated by the insured. The children born out this relationship will not get legitimacy under any law in force for them such as Indian Succession Act, or Hindu succession Act or Hindu Marriage Act or any other enactment, as the case may be, hence we can say such living in couple is not a legal at least in India as there exist no enactment that specifically legalize this relationship. However a contrary view was taken by the Allahabad High Court in Payal Sharma v. Superintendent, Nari Niketan, AIR 2001 All 254 had held "…in our opinion a man and a woman, even without getting married can live together if they wish. This may be regarded immoral by society but it is not illegal." In two of its judgments the Supreme Court of India in S. P. S. Balasybramanyam v. Suruttayan, (1994) 1 SCC 460. And in Ranganath Parmeshwar Panditrao v. Eknath Gajanan Kulkarni, (1996) 7 SCC 681. Has held that there exists a rebuttal presumption of marriage when a man and a woman live together for a number of years, and hence, property has been granted to the plaintiff women as a result. One of the reasons that courts have sought to give such judgments is to prevent the labeling of such women ‘concubines’, thus protecting their status. As I stated above there appears to be no recognition of cohabiters in any Indian legislation, barring the Domestic Violence Act of 2005, which defines the term ‘domestic relationship’ in section 2(f):
"‘domestic relationship’ means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family." The notion that marriage is a sacred institution that plays a central role in society is not one that will be abandoned in haste. It is probably the chief reason why relationships of cohabiters hold such an ambiguous status in society today. While on the one hand, extending legal recognition to cohabiting couples may be considered unnecessary on the very basis of existence of such relationships, that is a conscious choice to stay out of the setup of marriage, there is need for greater legal clarity on some of the common disputes that arise out of these relationships, while at the same time keeping these legal provisions to a minimum, based on their indispensability, so as to ensure that the arrangement for heterosexual cohabiting couples choose to enter into does not become identical to one that they choose to avoid entering into, that is, marriage.
2007-06-13 05:29:20
·
answer #1
·
answered by vijay m Indian Lawyer 7
·
0⤊
0⤋
It is illegal.It will be looked down by neighbours and other friends.To the best of my knowledge in other countries and religions also it is looked down.When you are allowed more wives and more divorces in other countries perhaps this is not considered a problem.Hindu marriage system is strong and so any extra marital activities are looked down.The bad effects of such misbehaviour reflects on children also and no body would like to give their girls or boys into such families.
If police catch they are liable for prosecution under illegal ,
immoral traffic act.
2007-06-13 05:13:45
·
answer #2
·
answered by murthyssr9 4
·
0⤊
0⤋
Because 'human animals' are rational ones, they have framed out some rules or disciplines to live together happily, identified as civilised social rules. Living together by opposite sex are natural. But, to avert or tag a control over ANY BEASTLY BEHAVIOUR, one of that 'civilised rules or discipline' had tagged a "recognition" as MARRIAGE wherein some by-rules had been added to. That is the Social rules. And, to maintain social discipline, anyone violating has to face some punishments, as framed by the law-makers in the Parliament, detailed in Marriages Act, etc. etc.
Hence, IT IS NEVER LEGAL to live together ignoring the Social rules & disciplines, and as such, it attracts punishment under the Laws of the land.
2007-06-13 06:37:54
·
answer #3
·
answered by Gauranga B 2
·
0⤊
0⤋
Cohabitation In India
2016-12-12 04:36:24
·
answer #4
·
answered by crossland 4
·
0⤊
0⤋
The term "COUPLE" is normally referred to husband & wife in India. How can one be so without marriage?. If without marriage one adult woman and man live together it has no social approval or recognition and as such is considered as illegal.
2007-06-13 08:41:48
·
answer #5
·
answered by vasudev s 3
·
0⤊
0⤋
Hi, well legally you both cannot live. yes the parents can file case against you. In India legal age for boys is 21 and for girls is 18.
2016-03-13 22:16:36
·
answer #6
·
answered by ? 4
·
0⤊
0⤋
india legal live adult couple marriage
2016-02-02 01:11:15
·
answer #7
·
answered by Maryjane 4
·
0⤊
0⤋
Everybody knows that in India, law say something and implement something... If you stay with with partner before marriage, then if caught, you will be arrested under prostitution Sections 498A, 232, 506 IPC... These things nobody tell you... So, India IPC is all confusing... If someone is dying on road, if you go and save, you will be caught up in the middle... So, better, be careful... Law say something and implement something...
2013-11-29 05:34:43
·
answer #8
·
answered by ? 3
·
0⤊
0⤋
While answering a question I don't refer the answers, before my reply is complete, but in this case I referred the answers up to Sl. No. & (particularily reply No. 7). I 100% agree with the reply of Chandrasekhar an k, in both, legal & socil feild.
Please convey my regards to the answering person, if feasible, and this answer must be studied in depth by to days young / teen generation to learn & teach also.
2007-06-13 20:34:55
·
answer #9
·
answered by kbn_25 4
·
0⤊
0⤋
It is perfectly legal but it is not accepted by society.Most of
the people will abjure you and cause difficulty to you because
your living spoils the sanctity of marriage as an institution.
2007-06-13 06:37:28
·
answer #10
·
answered by samiran_bandyopadhyay 2
·
0⤊
0⤋