• Live-in relationship

Hello sir/madam, am divorced (27 f)am in a live in relationship from past 5 years with awaiting divorce person. And I have 2 children through this relation, he got legal separation order in July 2018 for divorce case. We are living life as wife and husband even we are not legally married. Now ,I want to know my rights and my children rights
Asked 1 month ago in Family Law from Hyderabad, Telangana
Religion: Hindu

Live-in relationship in simple terms can be explained as a relationship in the nature of marriage where both partners enjoy individual freedom and live in a shared household without being married to each other. It involves continuous cohabitation between the parties without any responsibilities or obligations towards one another. There is no law tying them together and consequently either of the partners can walk out of the relationship, as and when, they will to do so.

There is no legal definition of live in relationship and therefore the legal status of such type of relationships is also unsubstantiated. The Indian law does not provide any rights or obligations on the parties in live relationship. The status of the children born during such relationship is also unclear and therefore, the court has provided clarification to the concept of live in relationships through various judgments. The court has liberally professed that any man and women cohabiting for a long term will be presumed as legally married under the law unless proved contrary.

The right to maintenance in live in relationship is decided by the court in accordance with the Domestic Violence Act, 2005 and the individual facts of the case.

Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act 2005, provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner. 

The landmark Supreme Court judgment on the concept of live in relationship:

Badri Prasad vs. Dy. Director of Consolidation1978

This was the first case in which the Supreme Court of India recognized live in relationship and interpreted it as a valid marriage. In this case, the Court gave legal validity to a 50 year live in relationship of a couple. It was held by Justice Krishna Iyer that a strong presumption arises in favour of wedlock where the partners have lived together for a long term as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its legal origin.

 

Aveek Bose
Advocate, Kolkata
1028 Answers
6 Consultations

4.7 on 5.0

You can file DV case seek right to stay in matrimonial home or alternative accommodation, maintenance from your live in partner for yourself and children 

 

2) on your partner demise intestate your children would be legal heirs 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Hi 

Both you and the children are entitled for maintenance u/s 125 Cr.p.c and you on behalf of the minor children and yourself can claim maintenance from the live in partner.

The children are entitled to claim a share of property of the properties that vest in their  biological father. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
1715 Answers
322 Consultations

5.0 on 5.0

You and your children do have rights in his property. Plus as per Hindu Marriage act, it's a custom marriage only you have performed garland exchange and took Saptahpadi. You're true husband and wife relationship. And for your children as a parents.

Ganesh Kadam
Advocate, Pune
8760 Answers
72 Consultations

4.9 on 5.0

After divorce your lover can marry you 

 

2) don’t file any cases on ex wife 

 

3) litigation is long drawn and expensive proposition 

 

4) no case can be filed against you 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

See since you are not married you have no right as such though children born out of this relationship have all the rights of property and maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

You cannot marry on a separation order , divorce order is required.

See as such you cannot file any case of the ex-wife (though still she is legally married wife).

She also cannot file any case against you.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

It's separation order to live separately and not divorce order. So she has rights to file in ancestral property or self earned property not now after you.

 

But as of now she can file maintenance under section 125 CrPC.

Ganesh Kadam
Advocate, Pune
8760 Answers
72 Consultations

4.9 on 5.0

You have no right of wife until not marries but child born out of this relation have same right as of legitimate child. 

What do you men by separation order - judicial separation and diovrce are different and only after divorce second  marriage is valid.

No case agasint you.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

Dear Madam,

You can marry him after legal divorce.

The Indian law does not provide any rights or obligations on the parties in live relationship. ... This was the first case in which the Supreme Court of India recognized live in relationship and interpreted it as a valid marriage. In this case, the Court gave legal validity to a 50 year live in relationship of a couple.

Legal provisions for the protection of women in a live-in relationship:

Couples wanted to explore various types of living a life, nowadays. Live-in relationship has become common since they know that the perception of understanding might vary. Though Indian couples widely accept the concept, the patriarchal mindset has partially not been eradicated from society. Women were taken for granted and mistreated by the male partner on various occasions. But did not have any hope for legal remedies in Indian laws. However, as cases of harassment and violence started increasing, the Supreme Court provided the victims with the relief, produced under the Domestic Violence Act. This act does not specify marriage but as a ‘relationship in the nature of marriage’.

The right to maintenance is also a provision exclusively provided for married women in the existing personal laws. Still, as these laws do not govern anything less than a marriage, the women in a live-in relationship cannot, at any instance, ask for maintenance from the male partner. The courts later gave this a remedy by widening the scope of support under section 125. From the Code of Criminal Procedure, criminalising any man who does not provide proper maintenance to the woman is questionable.

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

1. The live in partners are not considered as married husband and wife by the lady out of it can exercise her rights for financial security by filing case under PWDV Act.

2. Either party on death of another can not inherit respective properties but the children born out of it is though illegitimate can inherit the self acquired property of father.

3. You can not file any case against his wife nor he on the given facts situation. 

Devajyoti Barman
Advocate, Kolkata
18424 Answers
261 Consultations

5.0 on 5.0

1. If he divorces his wife and marries you, then you and your children will have all the rights mandated for wife and children.

 

2. Even in the case of his death intestate, you as his live in partner and your children as his illegitimate children shall have claim on his properties along with his legally married wife and her children,

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

1. He can marry you only after getting the decree of divorce from the Court dissolving his marriage with his wife.

 

2. If he  marries you  before his obtaining the decree of divorce from his present wife, both of you shall be liable to be prosecuted u/s494 of IPC with the charge of bigamy which is punishable with imprisonment for a maximum period of 7 years with or with out fine.

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

1. You cannot claim any rights till that person is divorced from his first wife and marry you officially. 

2. Your children can claim his ancestral properties as they are legal heirs of your live in partner.

3. They can also claim maintenance if he refuse to stay with you in future. 

Mohit Kapoor
Advocate, Rohtak
5922 Answers
2 Consultations

5.0 on 5.0

Since you both are not married yet, you may have to wait until you legally get married to him to establish your rights as his legally wedded wife is entitled. 

Your children born out of this relationship are his legitimate children hence they have the rights as his children. 

You may get married to him sooner his subsisting marriage is dissolved by a decree of divorce by court of law. 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

The judicial separation is not a divorce. 

If he marries you during judicial separation period it will be termed as an act of bigamy,  an offence punishable under section 494 IPC. 

Better wait for the divorce to happen legally to marry him. 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

1. Neither you can file any type of case on said Wife and neither said Wife can file any case on you.

2. There is no such thing as live-in-Husband. Court recognizes only Live-in-Relationship.

3. You have no legal standing in the Live-in-Relationship. BUT the children due to Live-in-Relationship.have absolute legal heir rights on properties of their biological father.

4. You are entitled to marry your Live-in-Relationship partner, AFTER the Divorce Decree, wherein you will be entitled to all rights of a Hindu Wife.  You can file case on said Wife, AFTER you have married your Live-in-Relationship partner, for criminal charges of Threatening, Intimidation, Breach of Trust, etc.... 

Hemant Agarwal
Advocate, Mumbai
3387 Answers
19 Consultations

5.0 on 5.0

A legally wedded wife or divorced wife can claim maintenance from husband under Section 125 Criminal Procedure Code. A women who was in live-in relationship with man but not legally wedded is not entitled to claim maintenance under Section 125

Criminal Procedure Code. However, if such a women proves that she was in domestic relationship with the man in the nature marriage would be entitled to claim maintenance under Section 20(3) of Protection of Domestic Violence At, 2005.The supreme court of India has also confirm this proposition in Velusamy Vs Patchaiammal case. This is a progressive judgment and a great boon to the suppressed women.

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

After obtaining Divorce decree your love can marry you. 

you cannot file any case on ex wife. 

she cannot file against you. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

-  As per the Supreme Court, When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.
- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of alimony to a live-in partner, if she complains.

- Further, the Children born to live-in partners are considered legitimate and enjoy all property rights due to them.

- They have the right to self-acquired properties of parents under the Section 16 of the Hindu Marriage Act,and also 

 the father is liable to pay for the maintenance as well.

- Since , he already got separation order , hence there is not left any relation between them legally, and she cannot file any case now. 

- No, she cannot file any case against you . 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

See a divorce have to.be filed as.a judicial separation is.different from divorce only when court pronounce divorce then you can legally marry.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

It is necessary to peruse order passed by HC 

 

2) file appeal in SC against impugned order 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Since you have not received any official information about the cancellation of separation order you may remain silent about it.

Even otherwise this separation is not divorce hence you may not get any benefit out of it even if it remains effective. For  relief you may have to file a divorce case or else you cannot get any relief for ever.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

legal separation order cannot cancelled, both spouses consent required. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

Filling divorce is only way out.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

Dear Madam,

The first wife may not take direct action against you since you have not legally married till today. However your husband may find out a solution to see that he will get valid divorce if case is reminded back . 

Kishan Dutt Kalaskar
Advocate, Bengaluru
4899 Answers
149 Consultations

5.0 on 5.0

1. As per HM Act, there can be order for judicial seperation and also for divorce. Both are distinctly different. In your quesry, it is mentioned that he has got  legal seperation order and not decree of divorce.

 

2. If it was a divorce decree against which his wife has gone to the High Court to get the decree set aside, then he should approach the Division Bench of the High Court or the Supreme Court for setting aside the order of the High Court on the ground that he did not get notice of the appeal for which he could not contest the case before the High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

You can file for divorce on expiry of one year of marriage 

 

2) husband can file for divorce on grounds of mental cruelty and desertion 

 

3) wife refusing to stay with husband for continuous period of 2 years amounts to desertion and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

at least one year before divorce proceedings can begin. 

on ground of desertion or mental creulty husband can file divorce. 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

There is no such thing called marriage cancellation.

You may apply for divorce immediately after one year of married life also.

Since you both are living separately for 8 years, you can file a divorce case on the grounds of desertion.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

You don't have any rights as you will be his illegitimate wife. But your children will have rights in his property

Prashant Nayak
Advocate, Mumbai
15890 Answers
28 Consultations

4.6 on 5.0

See marriage cannot he cancelled you need to file for divorce.

There is no such time fixed for presumption. They have to.file divorce.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

2 years continuous desertion - ground of divorce and not marriage cancellation. Live for whole life but without  divorce from first wife - no legal marriage.

And even after divorce - live in dose not give wife status.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

1. Divorce suit can be filed against the other party on the ground of desertion if he/she deserts her/him for a period more the 25 years.

 

2. the above will not apply in case of judicial separation order availed from the Court  against filing an application for the said  separation.

 

3. Marriage is not presumed  based  on the time spent together. The marriage is required to be legally solemnised either religiously or  registered. 

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

Dear Madam,

No

Marriage and divorce have legal consequences. Every person has legal right to chose his or her life partner and get married however for separation, they require the court judgment as per the law applicable to them. There can be presumption of marriage in certain circumstances however there can not be a situation where in can be presume that the marriage between the spouses. The divorce can be granted by the court only on the grounds as mentioned under the laws.

There is difference between a person unheard for the last 7 years for the purpose of divorce or to presume that he/she is dead. This legal presumption is under the law that in case a person is not seen for last 7 years, it shall be presume under the law, that he is dead and thus the legal consequence may follow. But for the matrimonial purpose , he/she must be proved in court that he is dead and no longer survive

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

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