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Law regarding live in relationship Law regarding live in relationship

4 years ago

I want some advice regarding law of live in relationship...actually me (19 years) n my girlfriend (18) are in love but our families are trying to seperate us by marrying the girl to someone else against her wish forcefully ...so we are planning to elope but our age is not enough for court marrriage...can we live in relationship till we get married against our families wish....what law says n what we do? Please guide us waiting for reply...

Ayantika Mondal @ Prime Legal

Responded 4 years ago

A.Hi,

This is a very crucial time for both of you. Every decision and discussion matter here.

There are conflicting law and judgments in place and it is not expressly barred that 19 years by can not get into live in relationship with an 18-year girl. So, we need to adopt some tactics and plan to see that you both out of legal hurdles for any decision and successful.
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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear sir

You cannot marry or live-in till you reach the age of marriage which is age 21 for boys and 18 for girls. It will be illegal to take any step and you can be put to jail for kidnapping a girl , forcing relationship on her etc and many such charges .
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Anoop Singh

Responded 4 years ago

A.Hello, this is Anoop singh chauhan advocate from Muzaffarnagar, U.P. I read your porblem carefully. You should wait for 2 years(21 year's old age is mandatory for live in relationship and court marriage). You and your girl friend should wait for court marriage till 2 years.
Thanks and regards
Advocate Anoop Singh chauhan
Muzaffarnagar, u.p
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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir/Madam,
Supreme court support you contention but in reality you have to face several troubles. Think wise before eloping.
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Crucial Steps to Ending a Long-Term Relationship
1. Always be realistic in your relationship. | iStock.com.
2. Choose the right spot to break off the relationship. ...
3. Stay calm when talking to your partner. ...
4. Always be honest. ...
5. Stand by your decision. ...
6. Decide how you'll tell your friends and family about the breakup. ...
7. Plan out your next move. ...
8. Don't talk badly about your ex.
Live-in Relationship: Indian Scenario:
On 23.03.2010 the Hon’ble SC in Khushboos case opined that a man and woman living together without marriage cannot be construed as an offence. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,” a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology.

Live in relations suffered a setback with the bar imposed by the Supreme Court in its recent judgment delivered on 17th May 2010 in a Family dispute in the matter of Bhaasthamata v R Vijeya Renganathan. The Supreme Court held that a child born out of a live-in relationship was not entitled to claim inheritance in Hindu ancestral coparcenary property. The dictum of the division bench comprising Dr B S Chavuhan and Swatanter Kumar, JJ appears to be a general law but its root of jurisdiction lie in the facts peculiar to this case. This ruling may not be accepted as a general law at all. It is only justified in this particular matter, but if applied to all live-in relations raising a presumption of marital bond; it would definitely result in gross miscarriage of justice. In S.P.S. Balasubramanyam v Suruttayan Andalli Padayachi & Ors. The Supreme Court allowed presumption of marriage u/s 114 of Evidence Act out of live-in relations and presumed that their children were legitimate. Hence, they are rightfully entitled to receive a share in ancestral property. In the instance case, Mariammal claim her brothe Muthu Reddiars property who died unmarried and intestate. Rengammal lived-in with Muthu and had children from that bond. After his death, she claimed inheritance. Earlier Rengammal had married Alagarasami Reddiars (who was alive) but they didn’t live together because of undissolved marriage between them. The trial Court did not accept her live-in claim. Her first appeal was dismissed. Subsequently, the Madras High Court held the judgment in favour of live-in partner.

In the cases prior to independence like A Dinohamy v Blahamy the Privy Council laid down a broad rule postulating that, where a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. After independence the first case that can be reviewed is Badri Prasad v Dy. Director of Consolidation wherein the Supreme Court recognized live-in relationship as valid marriage, putting a stop to questions raised by authorities on the 50 years of life in relationship of a couple.
Divorce
You can legally file a divorce and get legal dirvorce.
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