• Live in relationship with under 18 years girl

Dear Sir, i want to live in relationship with girl for 10months. with the permission of Girl , girls mother father my mother father and all society. there no problem to anyone in my society. can i live in relationship with a girl. my age in 25 and girl age is 17 year month. we arranged marriage as on 21Feb 2017, but somebody called to police on 100 no, and police stopped my marriage. now we both want to stay together for 10months. and we will court marriage after 10 months. 
please advise as we both want to stay together as this is our love marriage.
Asked 8 years ago in Family Law
Religion: Hindu

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10 Answers

1. the supreme court has opined in Indira Sarma case that live in relationship is an individual contract between the parties to live together.

2. they can separate their life any time with their consent.

3. so the legal point became settled. you can't live together in live in relationship because she is below the age of 18 years because she cannot give valid consent. but when her parent are agreed then you can live with her because there is valid consent from their parents.

4. after lapse of 11 months you can solemnise marriage.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Marriage is a sacred or contractual relationship in India. Marriage, as its legal consequences, entitles both the persons to cohabit; the children born out of a legal wedlock have legitimacy as legal heir; the wife is entitled to maintenance during and after the dissolution of marriage.

Minimum required age to marry under The Hindu Law

According to Section 5 ( iii) of the Hindu Marriage Act, the bridegroom has to complete 21 years of age and the bride 18 years of age. Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both.

The Supreme court in the D. Velusamy v. D. Patchaiammal case made it clear that if the man has a live-in arrangement with a woman only for sexual reasons, neither partner can claim benefits of a legal marriage. In order to be eligible for palimony, a relationship must comply with certain conditions.The conditions laid down are that the couple must hold themselves out to society as being akin to spouses; they must be of legal age to marry; they must be otherwise qualified to enter into a legal marriage, including being unmarried; they must have voluntarily cohabited for a significant period of time.couples living in live-in-relationships will be presumed legally married.

Ajay N S
Advocate, Ernakulam
4110 Answers
114 Consultations

it is consensual relationship

2) if a girl agreed to stay with you out of her own free will and marry you it is her own choice

3) consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.

The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl's consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

you are liberty ot have live in relationship with the girl .

2) consensual sex does not constitute an offence

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

girl statement is signifcant

2) if girl says she has consensual sex with you it is not an offence

3) in case any police complaint is field against you girl should in her statement mention that she has sex with you out of her own free will

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

no written consent is necessary, consent is inferred from their conduct. they do not make any complaint regarding this itself shows their consent. if any anonymous complaint is made you may contact her parent and they will show their consent then no proceeding will be initiated against you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. Libve in realto0 ship is always farught withy danger since there is no legal anctitiy in the relaitonshipo.

2.I wonder if bot you are going to marry soon what is the express need to go for this live in relationship.

3.i can not advise you to go for sch relationships .Ratejr you wait till amry her legally.

Devajyoti Barman
Advocate, Kolkata
23511 Answers
530 Consultations

1. You cannot marry her as a girl under 18 years of age cannot marry.

2. Whoever has sexual intercourse with a girl under the age of 18 years, with or without her consent, commits rape. Her consent is immaterial.

3.Hence, on the complaint of the girl's parents you can be arrested and prosecuted successfully for rape. The parents of a girl under the age of 18 years are her guardian.

Ashish Davessar
Advocate, Jaipur
30830 Answers
976 Consultations

Living with your girlfriend for a period another 10 months may not be a problem.

Having physical relationship with a minor girl even with her consent would amount to rape.

A man is said to commit "rape" if he:–– (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances With or without her consent, when she is under eighteen years of age.

So it is better to avoid physical relationship until then.

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

We need any in written from her parents of is it ok if they say they are agree to police.

and is there any chances to come police to my house for asking why you are living? or can any other person can make a complain to police? or if some one complaint so can he hide his identity to show us? or is there any chances to some other person may complaint on our live in relationship other than his or my parents.

To live in relationship with a minor girl is not an offence, hence dont be worried about any such complaint. The physical relationship, if notified by her or her father to the police then it may be considered as an offence.

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

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