Legal implications of live-in relationship
The Institutionalized form of live-in relationships has failed to mark its presence in India. “Living together with consent” is a name of the proposal for a two person cooperation. It, thus, provides an individual to feel their understanding and this leads him to have a supportive decision for marriage. Here, one more important area is an awareness of an individual right in live-in relationship under Indian law.
Right to Maintenance
The provisions as Section 125 (1) (a) of the Criminal Procedure Code, 1973 apply Hindu undivided family which talks about a right to maintenance. Under section 125 (1) (a) of the Criminal Procedure Code 1973 provides for the Maintenance Right that means giving money to wife, child, and parents so that they can fulfil their essential needs adequately.
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Right of Inheritance of Property for Children
The Supreme Court of India is the basis for such a position. The Indian Apex Court says a man and woman cohabiting for a long period are married by conduct and have all the legal rights. Section 16 of the Hindu Marriage Act permits the children to inherit the self-acquired property of their parents. Moreover, the code in the Criminal Procedure Code, Section 125 (i) gives the children a right to maintenance. The law even applies if their parents’ laws do not grant it and the live-in partners are bound to have the responsibility to care for their children even if they are no longer together.
Children’s Custody Rights
It might turn out that parents cooperating in upbringing their child will be crucial in the breakdown of a living together relationship. The absence of the particular law applicable to the custody rights of any children in a live-in relationship; therefore, the courts handle such cases similar to what is accorded those born out of marriage. The interests of the minor child are going to be the main priority of the court, and it will be paid much more attention while making decisions about custody. Although there is currently no legislation passed in India that deals explicitly with cohabitation, this development will be something that legal experts and campaigners may fight for in the future. In the year 2010, the topic of women’s protection obtained legal standing with the legal recognition of live-in relationships. The proposed amendment was that women in live-in relationships should be protected by the law on domestic violence.
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