Live In Relationship

 

Statute

1. The Protection of women from Domestice Violence Act, 2005 - link

Important Points

1. Personal life and liberty has to be protected except according to the procedure established by law as mandated u/s A21 of Constitution of India.
2. Court directed a man wishing to be in live-in with 18y old girl to make sure
1. Take care NOT ONLY basic necessities
2. BUT also COMFORTS of girl to enable her to live life of DIGNITY.
3. Woman para legal volunteers will have to make weekly visits at the place of residence of corpus and submit monthly report that undertaking submitted by petitioner is bing honored

What is NOT Domestic Relationship

1. Merely spending together over weekends or one night stands won't make it domestice relationship.

Children in live-in relationship

1. A womans womb is precious possession of her personhood and no one can claim right over it; except with her consent.
2. If women chooses the preference to acknowledge the biological father at the time of conceiving the father has every right to be recognized as biological father. and otherwise mother can continue to be recognized as an unwed mother for purpose of JJ Act.
3. Children born in a live-in relationship also has to be construed as child born to a married couple.
4. Birth certificate is a crucial document for public authority to verify that the child is born to a married couple or not.

Landmark Judgments

1. Lata Singh v State of UP AIR 2006 SC 2522
2. S. Khushboo Vs Kanniammal ( 2010 ) 5 SCC 600
3. Indra Sarma Vs VKV Sarma ( 2013) 15 SCC 755
4. Shafina Jahan Vs Asokah KM ( 2018 ) 16 SCC 368

5. D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469, considered live-in relation similar to the marriage provided it fulfills the requirements referred as follows:

   (a) The couple must hold themselves out to society as being akin to spouses.

   (b) They must be of legal age to marry.

   (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.

   (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

6. 
   

7. XXXXXXXXXX Vs State of Kerala ( 2021 SCC Online Ker 1709 )

8. Merely spending weekend togeather or one night stand won't make it domestic relationship

    

Notable Cases

1. Writ of mandamus can only be issued if the petitioner has the legal right to perform a legal duty by the party against whom the mandamus is asked for.
1. Married women files writ of mandamus in Allahabad HC where she was living with other man and seeking protection - link

Source 

1. Unwed mother - link