• Live-in relationship legal rights

Hi there,
We were in live in relationship for 15 years my  partner is sikh and am hindu and this February the 15th 2015 my partner decided to get married without my consent or taking consideration of our fifteen years of  relationship. My questions are...
*what legal rights do i have while being in "live in relationship?"
*can i file case against him ?if yes what changes i can apply by law?
*is this second marriage considered lawfully in the eyes of hindu and sikh marriage act /live in relationship?
*he has married according to sikh law and i belongs to Hindu family so where am i standing in this two different religious situation?
*can this marriage get terminated based on our current situations?

Pls reply and guide me what can i do in this current situations as am feeling helpless and cheated. 
Any suggestions much appreciated. 
Asked 3 years ago in Family Law from United Kingdom
Religion: Hindu
1. Are you a citizen of India? Whether the live in relationship was commenced, enjoyed and terminated in India? The legal recourse, if any, available to you under the law prevailing in India would depend on the answers to the above questions.

2. Under the Indian law a long live in relationship is equivalent to a marriage. The female partner of a live in relationship has rights at par with what a wife has in a lawfully solemnized marriage. 

3. As a female partner you can claim the right to maintenance against your live in partner under the Indian law, but this will be possible only if the answers to the above questions are in the affirmative. 

4. Sikhs are also governed by the Hindu law in as much Sikhs are Hindus.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. A partner in in live in relationship can seek relief under Protection of Women under Domestic Violence Act.

2. So you can file case for your maintenance and for provision for your residence under the said Act.

3. Since you were not married with each, he can marry and the same would be considered as valid/first marriage,

4. Since his marriage is valid, you can not seek and redress against such marriage, Your only relief lies in maintenance and alternative accommodation under the said PWDV Act.

5. His marriage can not be nullified under any situation.

You better move on life. These things happen and to safeguard it you should have married him long before.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1)Under provisions of domestic violence act you are entitled to seek maintenance from your live in partner . 

2) you are also entitled to seek alternative accommodation from him 

3). since no marriage has been solemnised with you your partner is free to marry any girl he so desires 

4)Sikhs are regarded as Hindus and governed by provisions of Hindu Marriage act 

5) marriage of your partner cannot be dissolved . 

6)if you had relationship with your partner under promise of marriage you can file police complaint against him for cheating under section 415 read with section 417of IPC
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

The overt act on the part of the petitioner-accused has certainly caused damage or harm in body, mind and reputation of the person deceived. The indulgence of the petitioner-accused in sex with prosecutrix by means of ‘intentional inducement’ after giving ‘false of promise of marriage’ squarely falls within the ‘mischief’ of the definition of cheating as defined under section 415 of I.P.C. which is punishable under section 417 of I.P.C.” (Atmaram Mahadu More Vs State of Maharashtra (1998 (5) Bom CR 201 Order dated 13/11/1997)
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

Hi, If the boy and girl living  as a husband and wife even thought the marriage is not taken place and they deemed to be a husband and wife as supreme court says and in accordance with law you are both as husband and wife and marriage by partner is against the law and you can lodge a police complaint and you will also entitled for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) you can file DV case against your live in partner in India as you have stayed with your partner in India for first 7 years . it is only in 2008 that you shifted abroad . you can come back to India stay with your parents and file complaint in India 

2) since your partner did not marry you he does not need your consent to marry 

3)you will have to file DV case before Magistrate in india wherein you are temporarily or permanently residing . if you are in UK you cant file complaint abroad under provisions of DV act 

4) . yes you can file complaint for cheating against your husband . i have already cited one judgement of HC in support of my contention that false promise of marriage amounts to cheating 

5)  under section 27 of DV act Court of Judicial Magistrate of the First Class or the 'MM' within the local limits of which the aggrieved person permanently or temporarily resides or carries on business is competent to entertain the complaint under the provisions of D.V  Act . you cannot file complaint in UK under provisions of Dv act against your partner
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1) As a partner in a live in relationship  you can certainly seek maintenance and residence in a DV petition. However as a working woman employed overseas you may not be awarded any maintenance as you are capable of maintaining yourself.

2) Although live on relationship is considered similar to marriage in many counts a legal separation is not required before one enters into a marriage as legally there is no relationship between the couple in the strict sense of the term.

3) You need to file the case at the place where you have been residing together last or alternately at the place where you had started staying together.

4) Women's cell is not an appropriate forum to file any complaint.

5) Yes of you had a relationship with a promise of marriage and you had been deceived into believing he would marry you section 415 and 417 of IPC  can be invoked.

6) It is advisable to engage a lawyer to initiate necessary proceedings at your earliest.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. You are not his married wife. You are  the partner of live in relationship,

2. So, you will not get any legal relief which a wife is entitled to, 

3. As the partner of live in relationship, you can seek relief under PWDV Act,

4. As per te said Act you can seek maintenance and alternative accomodation from him if you are not capable of maintaining your ownself,

5. You can also file a complaint against him for having S&X with you with the romise of marriage and then backing of. It will be considered as rape.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

1. You stated in your first query that you were in live in relationship for 15 years our of which you stayed in UK for 7 years. So, you were in that relationship in India for 8 long years. You are thereby entitle to claim maintenance and alternate accomodation in India as per PWDV Act,

2. Your said relationship is considered at per with a legally wedded wife for the purpose of claiming relief under PWDV Act and not as per HM Act or SM Act and for having such relationship you are not considered as his wife due to which he is not required to have seperation or divorce from you or take any consent from you before getting married to someone else,

3. You shall ahve to file the DV case in India where you will permanently or temporaily stay,

4.You shall have to file the DV case before the CJM or CMM, as the case may be,

5.You can file a criminal complaint/case alleging rape and cheating against him,

6.You will not get maintenace since you are emploed in UK. You will also not get alternative accomodation as of now since you reside in UK.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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