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Live-In Relationship and Indian Courts

IntroductionIndeed the only thing constant in this world is change. The lifestyle of Indian society at large has drastically changed in the past couple of years. People are slowly but surely accepting the notion of pre-marital conjugal and live-in relationships. Nonetheless, this altered mindset arguably lacks legal validation and the society does not readily accept it either. In other words, the subject matter is under criticism and a hot topic of discussion.In live-in relationships unlike marriage, a man and a woman remain unmarried but live with each other under one roof that may appear to be a married relationship sans the vow of holy matrimony. In other words, the relationship is more like cohabitation. In the Indian context, however, with the exception of marriage occurring between a man and a woman, all other exotic relationships are deemed illegitimate. People opting for live-in relationships do so to find out whether they are made for or how compatible they are for each other prior to eventually tying the knot. Owing to live-in relationships partners can avert chaotic family disputes and protracted judicial procedures should the couple split at some point in time. Whatever may be the reason, it is exemplified in the conservative society of India where the sanctity of marriage is not to be sacrificed at any cost even in this backdrop couples increasingly are opting for live-in relationships purportedly unto perpetuity rather than marriage. In similar situations, innumerable legal and social issues have cropped up that are debatable topics.Over time there have been reportages of incidents where live-in relationships resulting in the birth of a child have led to vulnerability of the very live-in relationship and therefore it's not within the purview of the law. Partners have flagrantly misused the virtues of the relationship as non-performance of duties and responsibilities are acceptable. Law in India regarding Live-in Relationship There isn’t any specific law in regards to live-in relationships in India. In other words, the relationship hasn’t had any legal validation, recognition or cognizance and therefore not enacted to law laying down the entitlement and obligations of parties as well as their children. A live-in relationship cannot be legally defined and therefore the legal status of connections of that sort is similarly unverified. There aren’t any provisions in the Indian law granting entitlements or obligations to the parties living together. However, the concept of a live-in relationship has been clarified by the court through varied judgments. While the law is yet to clarify the status of the live-in relationships, the entitlements have been granted through interpretation and amendment of the current legislation so that live-in relationships aren’t misused.Suggested Read: https://www.vidhikarya.com/legal-blog/What-is--Live-in-Relationships--and-its-benefits-for-WomenDomestic Violence Act, 2005Unprecedented as it may be in Protection of Women from Domestic Violence Act, 2005 (Pwdva), live-in relationships have been acknowledged by the legislature by endowing entitlement and protection to legally unmarried female akin to wife, in a live-in relationship with a male partner akin to a husband, and the entire relationship resembling marriage, but not marriage in essence. While there isn’t any categorical definition of a live-in relationship in the Act nonetheless the courts have the discretion of interpreting it on a case-to-case basis. Hence, the court’s interpretation of the relationship based on the provision is “relationship in the nature of marriage”. PWDA’s provisions are currently applicable to individuals in live-in relationships. Presumably, live-in relationships and nature of marriage are an oxymoron in the sense that live-in-relationships, as alluded to earlier, have had neither the formal recognition nor the legal validation of a marriage and therefore not a marriage at all. Therefore inferences of ‘nature of marriage’ with live-in relationships are obviously inappropriate and not under the purview of a legal marriage. Women, therefore, have a few basic rights of protecting themselves from being abused owing to fraudulent marriages or bigamous relationships.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

5 hours ago

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How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

1 day ago

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Pooja Sathe

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Darshan Oswal

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Pune , Maharashtra

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Mr. Darshan S. Oswal is currently working as the owner at Oswal & Co., a law firm based in Vadgaon Maval and its Branch office in Pune. He has acquired legal knowledge from Senior Advocate Mr. Prakash Shetty. He has dealt with various civil law & criminal law litigations, conveyance and mediations. View Full Profile
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Pune , Maharashtra

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Second generation in the legal profession. I am practising legal counsel at HNR LEGAL which is a prominent law firm, having its head office in the city of Pune India. Our practise is before the Pune District Court, Bombay High Court , NCLT , NGT, Arbitration Tribunal Seated in India & Abroad. View Full Profile
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I am a senior lawye, practising at District Court Pune from last 20 years. Handeled hundres of Criminal and Family matters. View Full Profile
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Swapnil S Bhalerao

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Highly logical, experienced, solution oriented and client comfort focused while delivering deserved justice. View Full Profile
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