• Live in after divorce

If divorce is granted for a hindu couple and custody is pending with courts and daughter is with wife and after divorce husbands gets into live in, have the following queries
1. Does the live in relationship need to be registered just like marriage
2 If wife doesnt marry after divorce but custody case is pending, does the live in relationship give an edge to the husband in custody case whereby he says, assuming all things being equal, he has a new mother to the daughter so child is getting the love of both parents 
3. If the husband gets custody of daughter born out of ex- wife and later the live in relationship doesnt work, can the new mother fight for custody although she isnt the biological mother
4. If the live n relationship doesn't last, what are the risks for the man that the lady can file - dv? 125? 498? Rape? Etc and can the man protect in advance agaonst this for eg a pre nuptial agreement
Asked 6 years ago in Civil Law

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22 Answers

Hello sir , live-in relationship do not play any part negative or positive in providing custody rights .. For granting custody the court has to see the quality upbringing of child and while considering it grants the custody to a perticular parent .. 2) A live -in partner cannot claim custody of child ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

There is no specific law on the subject of live in relationships in India. There is no legislation to define the rights and obligations of the parties to a live in relationships, the status of children born to such couples. In the absence of any law to define the status of live in relationships, the Courts have come forward to give clarity to the concept of live in relationships. The Courts have taken the view that where a man and a woman live together as husband and wife for a long term, the law will presume that they were legally married unless proved contrary.

1. no live in relationship doesnot need to be registered neither india has any legislation to register only there are few court decisions stating above-mentioned guideline are there.

2. For custody of daughter always mother is considered and there is no legal status of live in relationship so contray may find contrary to your opinion.

Under the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of 5 years is given to the mother. The custody of boys and unmarried daughters is given to the father. But inspite of that to decide in best interest of child court consider various factors

3.no she cannot claim custody of your child. Only her biological mother can.

4. There are always evidences of relationship so mostly man is protected of rape cases. And also in live in relationship she cannot claim domestic violence or 125 maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi

1. No live in relationships are not under registration procedures.

2. Yes this will be an advantage for a girl child Custody to father when father is having a female caretaker (live-in partner).

3. No your live-in partner will not be eligible for the custody of your daughter .

4. If live-in relationship doesn't work out then your partner may file for maintenance and rape etc. She will not be eligible for DV or 498A.

Yes go for agreement if your partner is ready.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The concept of live-in relationship is that they can live together till they are cordial and wish to remain after that they can part with each other without any binding or obligation to each other, hence ther is non question of any registration for this, because it is not a marriage binding.

2. This may render an adverse impact if the biological mother decides to take advantage on this situation stating that she would not like her children to suffer cruelties in the hands of step mother.

3. No, she has no rights on the child of her husband.

4. The live in partner can file maintenance case under section 125 cr.p.c.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Not necessary to register live in relationship

2) husband does not gain any advantage in custody case by staying with live in partner

3) husband partner is not entitled to custody of child

4) lady can file case of rape against her partner if he ends the relationship

5) it would be her case that she ageeed to have sex under promise of marriage

6) also file DV case against her partner seek alternative accommodation, maintenance, compensation

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. After the completion of 90 days being the limitation period for preferring appeal against the divorce decree, both the divorced partners can act as bachelors/unmarried/divorced/single and act as per law in establishing relationship with opposite s*x persons.Entering in to live in relationship is one such act. there is no law enacted for live in relationship but form the sake of countering any adverse intervention from curious intruders, it will be prudent on your part to get one such affidavit notarised affirming both of your consent to live together without being married.

2. No. On the contrary the case will go against the father on the ground that the child will have step mother by replacing her biological mother. Moreover, biological mother will be treated as the natural guardian of the child till his/her 5 years of age.

3. The new mother will have no claim on the custody of the said child under any circumstances.

4. The new live in partner can create all the legal nuisances which a wife is authorised to create like filing complaint u/s498A of IPC, DV, maintenance etc . since at that time the Court will consider the partner at par with the wife for the said matters. There is no legal acceptance of pre-nupital agreement in our country. However, you can get a joint affidavit notarised duly affirming by both of you jointly that you are not married and agree and understand that both are free to terminate the relationship at any time with out giving any notice what so ever for which either party shall have no claim, agitation,demand etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Live in relationship has no legal status unless its for long period of time which entitles the lady to seek maintenance like a married wife. Since thus is not marriage though considered to be akin to marriage there is no scope for registration.

2. Neither live in relationship nor remarriage is a boon seeking custody if the child.

3. Only biological parents ir their bloodline has right to seek custody. Live in partner has ni such right unless children are born out of this.

4. Yes, there is every likelihood if filing such cases except 498a if the relationship doesn't work.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

1. No

2. No, rather this is detrimental to his endeavor of seeking the custody of the child.

3. Not at all.

4. Yes, she is free to file 498a, rape charges and also seek maintenance.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

First of all once divorce is granted you can get into live in relationship. But it will not give you upper hand to get custody instead it will give other side strong ground to not to allow you take custody of kid. New mother cannot fight for custody of the kid. Pre nupital agreements are not valid and yes the woman may file case of cheating, rape or domestic violence.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Firstly, no it can’t be registered anywhere.

Secondly, the edge would always be with the original mother only, no matter what you put before court at anytime.

Thirdly, this question would never ever arise as under the purview of my second answer.

Fourthly, yes there are possibility to be taken for such other offences like rape and custody (in case a child born out of it), but not DV for sure.

And no such document would help you as it should be coming out of free consent which can be denied by her later stage, but yes if any message you. An grab by somehow then might be useful ( though there are tricks in law to tackle this situation also).

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1. There is no registration required for live in relationships.

2. The custody depends on the welfare of the child and your live in relationship shall not have any effect on the same.

3. If you are in a live in relationship then the person in live in relationship does not have any right to claim custody of the child.

4. Pre nuptial agreement are invalid. The person doesn’t have any right, though a false case of rape can be filed.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hi,

Although you are the natural guardian of the child but you have to contest for custody but the wife has a more strong case as you live in relation ship which in future if not go well will certainly create a lot of issue not 125& DV but 498 and 376 etc.

The child will have to say if she wants to go with you.

The other women have no custody right on the child except the biological parents.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) Daughter will be in wife's custody as she is the natural guardian for her till the age of 18 years.

a) Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

b) The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of five should ordinarily be with the mother. Under other personal laws, though it is no such statutory provision, the Indian courts have consistently taken view. The following observation of Beaumont, CJ. represents the judicial knew ......if mother is a suitable person to take charge of the child quite impossible to find an adequate substitute for her for the child.'

For your Live-in relationship Below are answers.

Live-in relationship defined

It is a living arrangement. It is “an arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage". In this relationship an unmarried couple lives together under the same roof in a way it resembles a marriage, but without getting married legally. This form of relationship does not thrust the typical responsibilities of a married life on the individuals living together. The foundation of live in relationship is individual freedom.

No specific law recognizes a live in relationships in India. No legislation is there to define the rights and obligations of the parties and the status of children born to such couples. A live–in relationship is not recognized by Hindu Marriage Act, 1955 or any other statute. In the absence of any law to define the status of live in relationships the Courts have taken the view that where a man and a woman live together as husband and wife for a long term, the law will presume that they were legally married unless proved contrary. The Protection of Women from Domestic Violence Act 2005 provides for the protection,maintenance and right of palimony to a live-in partner, if she complains.

Right to Maintenance in Live-in Relationship

The need to include live in female partners for the right of maintenance under Section 125 of Criminal Procedure Code, 1973 wa supported by the judgment in Abhijit Bhikaseth Auti v. State Of Maharashtra and Others. The Malimath Committee and the Law Commission of India also suggested that if a woman has been in a live-in relationship for considerably long time, she ought to enjoy the legal status as given to wife. However, recently it was observed that a divorced wife is treated as a wife in the context of Section 125 of CrPC but the live in partners cannot get divorced, and hence cannot claim maintenance under Section 125 of CrPC.

The Protection of Women from Domestic Violence Act, 2005 considers females who are not formally married, but are living with a male person in a relationship, which is in the nature of marriage, also akin to wife, though not equivalent to wife. Section 2(f) of the Act defines domestic relationship which 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. Thus, the definition of domestic relationship includes not only the relationship of marriage but also a relationship `in the nature of marriage.

In a landmark judgment on 13 April 2015 by the bench consisting of Justice MY Eqbal and Justice Amitava Roy, the Supreme Court ruled out that couples living in live-in-relationships will be presumed legally married.

The apex court also said that in case the man dies, then his partner would inherit his property. Since 2010, the Supreme Court has ruled in favour of women declaring that women should get the rights as that of a wife, in case of live-in couples.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1.) No live in relation do not requires any kind of registration.

2.) No, live in relation will not give a new turn to your custody proceedings.

3.) No, thereafter she cannot fight again for custody of child.

4.) In live in relationship there is no remedy for a girl, but on some false allegations she may lodge a FIR for rape.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Respected sir...

1- marriage and live in are two different concept ..Once you get divorce decree from court then you are free from all the bindings and obligations ...But there is no way to register live in relationship

2-you will not get child coustdy unless and until child attains age of 5 years ..If you want to give plea of that mother then first of all you have to get married with her legally..Else you don't have right to give such plea ...It will upto court what the court will consider ...

3-she do not have any right to ask for the girl child unless you sign he adoption deed ..

4-sir 125 crpc , section 12 domestic violence act and 498 of IPC are only for those who are married ...So 376 lefts ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Dear Madam,

My answers are as follows:

1. Does the live in relationship need to be registered just like marriage.

Ans: No thing, enjoy your life nothing to bother. If you wish to have documents you can marry again.

2 If wife doesnt marry after divorce but custody case is pending, does the live in relationship give an edge to the husband in custody case whereby he says, assuming all things being equal, he has a new mother to the daughter so child is getting the love of both parents

Ans: After divorce husband is free to marry another woman you can not restrict him.

3. If the husband gets custody of daughter born out of ex- wife and later the live in relationship doesnt work, can the new mother fight for custody although she isnt the biological mother

Ans: No she cannot, biologincal mother has upper hand.

4. If the live n relationship doesn't last, what are the risks for the man that the lady can file - dv? 125? 498? Rape? Etc and can the man protect in advance agaonst this for eg a pre nuptial agreement

Ans:Yes, this has to be discussed in person or on phone.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1) if your ex wife starts staying with you and you break off she would file case of rape against you

2)both cases would be clubbed together

3)divorce proceedings cannot be stayed as both cases are separate .

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1) If you're living together on mutual consent after divorce please inform to court as well, other it will be disrespect towards divorce order passed by the court, because if tomorrow something happened by this relationship, court will fire both of you.

2) You are running to different cases in two different Courts try to make life easy and simpler, don't make it complex and both the cases contradict. As per your convenient get both the cases under one court with same judge. What ever you want to add or cross questions do it in one court.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1.The live in relationship will remain as the name suggests, this will not entitle her the marital rights.

The child custody will depend on the basis of the agreement entered into or by the decision of the court if either party decides to approach court for solution.

2. Until there's no application field and allowed by court, for joint trial, the court will not allow joint trial.

3. If the court has rejected your application under order 10 CPC then just ignore it and concentrate on train case alone

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. There is no additional risk for staying with ex-wife in live in relationship for which you won't have to show any reason like child's welfare. You can stay with her as live in partner and can also marry her later on if both of you so wish. the risk will be the same as one is exposed to his wife/husband. As explained in my earlier post, in case of complaints filed by the female partner against the male partner, she will be treated at par with wedded wife.

2. These are to separate cases praying for different directions/orders for which the same can not be merged. Any decision taken by the lower Court can be challenged before the Appellate Court.

3. In the instant cases, the matters in issue are different. So, sec.10 of C.p.C. is not applicable here. However, your such filing of application u/s10 of C.P.C. will delay the divorce suit filed by your wife till your application is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

there is not problem if the husband lives in live-in relationship, also about the custody of the child can fought on the merit basis

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. If you do the same then obviously the mother can file a case of custody saying that you are not able to take care of the child alone.

2. No, the cases can not be merged. They will run separately, if they are merged you have the liberty to challenge such order.

3. The same can not be stayed under section 10.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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