The shocking murder of Shraddha Walker, the live-in partner of Aftab has rattled the entire nation. With more and more couples planning to experiment with live-in relationships, it is time, each one of them is fully aware of their legal rights and what they can expect in the form of support from the law when needed.
Live-in Is A Legal Thing In India
The trend of live-in relationships is more common in metro cities of the country and even now society has a hostile approach towards it. It is because there is no law that bounds the two partners together and hence any partner can walk out of the relationship whenever he or she feels right. But many people are not aware that the Apex court of the country considers live-in relationships very much legal.
The court says that if a man and woman have been living together in a live-in relationship and even have children out of wedlock, they still are considered husband and wife, and hence the couple as well as their children are entitled to get all the rights that are applicable to a married couple and their children.
Also Read: Changing Phase Of Relationships In India
Lady Partner Can Demand Maintenance
Section 125 of the Criminal Procedure Code provides the lady partner in the live-in relationship the right to demand maintenance since she is not provided with any other benefits.
Children Born Out Of Wedlock Are Considered Legitimate For Inheritance
The couple in a live-in relationship can have children or even adopt them. Similarly, children born out of such relationships are considered legally legitimate when it comes to their inheritance rights for both self-bought and ancestral properties. However, in the case of giving maintenance for children, there is a difference between Hindu and Muslim Law. While a Hindu father has to give maintenance for the child born out of wedlock, the same does not apply to a Muslim father.
India’s Domestic Violence Act protects married women from abusive relationships. It also applies to relationships that are similar to marriage in nature and hence in a couple of cases the Apex Court has allowed live-in relationships to be included under this law.
Live-in Partner Can Inherit Property
There have been instances where families have decided not to give even a small chunk of property to the live-in partner of their father or mother or either of the grandparents. However, in a few cases, the Apex Court has favoured the live-in partner considering him/her to be involved in a marriage -like relationship and has an equal right to inherit the property as other family members.