There is now no clear status on live-in relationships in India; even the judiciary hasn’t issued a clear directive on the subject in its recent verdicts. In the event of abuse, women in live-in relationships may plead under the Protection of Women from Domestic Violence Act, 2005, which contains more expansive provisions. Although it is not as firmly acknowledged as legally registered weddings, this essentially gives live-in couples some legal status.
A live-in relationship: what is it?
An arrangement in which two consenting individuals live together without being married is called a live-in relationship. Live-in partnerships, in contrast to typical weddings, are based only on mutual consent and do not include any legal or religious ceremonies.
Is a live-in relationship permitted or prohibited?
• In general, live-in relationships in India are not well defined by the law, and there is no precise time frame for their acceptance as marriage-documenting arrangements. However, through a number of legal measures, the Supreme Court’s Constitution bench has consistently defended the rights of people living together.
• Women in such relationships are protected from violence under the Protection of Women from Domestic Violence Act of 2005. This suggests that, although not being legally recognized like weddings, live-in partnerships are somewhat accepted.
Validity of Live-in Relationship Agreements in India
A paper signed by both parties is known as a live-in relationship agreement. The terms of the Indian Contract Act 1872 apply to this agreement since it outlines their rights,responsibilities, and living arrangements. This implies that the contract should be enforceable
• if both parties are competent to enter into a contract and are of sound mind;
• if there are no unlawful conduct or immoral motivations underlying the agreement;
• Particularly in states like Uttarakhand, where acceptance of cohabitation is growing, such agreements would become important.
Legalized Live-in Partnerships by the State
• Although live-in relationships are illegal in India, a number of states, including Uttarakhand, have ruled through the courts that they are acceptable. Consensual individuals have the right to cohabitate without getting married, according to the courts. Uttarakhand became the first Indian state to implement the Uniform Civil Code (UCC), which regulates cohabitation, on January 27.
• Regardless of whether they are Uttarakhand residents or not, live-in partners are required by the UCC to sign with the registrar whose jurisdiction they reside in.
• An important step in recognizing the rights of cohabitating partners has been taken by the Uttarakhand High Court. In order to make live-in relationships more transparent, states in India have also been attempting to start the registration process in Uttarakhand.
Why is an agreement for a live-in relationship important?
Because it outlines each partner’s rights and obligations, a live-in agreement is crucial. Financial, property, and responsibility problems might arise; these would become complicated in legalese and without such agreements. This document is crucial because of this.
Advantages of a Live-in Agreement with Financial Responsibilities:
• The amount that each partner will contribute to living expenses might be specified in the agreement.
• By mentioning household expenses, rent, and utility bills, arguments about them can be avoided.
Property Rights:
• If a couple has made joint investments, the agreement may outline how they will jointly own the property.
• It can reduce property disputes and provide clarification on terms of property allocation in the event of a separation.
In the event of a separation, it may also specify visiting rights, child support requirements, and custody agreements if children are involved.
Children’s wellbeing during separation is ensured and emotional distress is lessened with this type of provision.
Protection against False Accusations:
• Unmarried couples who live together face social stigma and the possibility of being wrongly accused of abuse and other crimes.
• An agreement can protect one from unnecessary legal issues by helping to explain the terms of the live-in relationship.
Legal Procedures and Aspects
• Registration of Live-in Relationships: The law does not require live-in relationships to be registered, with the exception of a few states like Uttarakhand. Some states, like Uttarakhand, also register live-in relationships.
• The Domestic Violence Act’s protection: In the event of harassment or violence, women in live-in relationships are afforded the same protections against abuse as married women under the Protection of Women from Domestic Violence Act of 2005.
• Provision for Bail: An official contract may increase the couple’s prospects of obtaining bail or otherwise defending themselves in court in the event of false accusations.
Seeking Legal Advice to Draft Agreements
Because live-in relationship agreements must be extremely clear about the legal rights and obligations, it is therefore advised to consult a lawyer when drafting them. The lawyer will be asked to draft an agreement that reflects state-specific laws; in Uttarakhand, formal registration of live-in relationships is encouraged.
In conclusion
There is undoubtedly some protection that the partners might obtain if it were drafted, thus it cannot be overlooked given the nature of a live-in relationship agreement and the significance of establishing financial, emotional, and legal boundaries. Setting specific conditions for this agreement is crucial because, under the Domestic Violence Act, the court may have the authority to determine maintenance even if the partners later decide to separate. For the sake of security or stability, or to guard against future legal issues, some persons might wish to establish one.
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