What Legal Options Are Available To You If Your Live In Agreement Is Denied By Authorities?

In India, live-in relationships, where an unmarried couple decides to live together in a committed, marriage-like relationship, are becoming more and more prevalent. The legal framework has evolved in such a way as to respect the interests of persons in these relationships as the standards of society have shifted. However, when it comes to putting their cohabitation into writing, some authorities or property managers may still be against the couples. Where the authorities refuse or challenge couples’ cohabitation agreements, there exist lawful means of protecting one’s interests and obtaining justice. 

Live in Relationships: About

It is important to comprehend the existing legal frameworks governing live-in relationships in India—one of the measures that will be explore in the available legal remedies. The legislative framework in India contains no provisions relating to live-in relationships since they are not recognize by law, and so they are beyond the reach of the legal system. However, in certain instances, particularly concerning property rights and issues of maintenance, domestic violence, and child custody, they have acknowledged and granted legal protection to couples who live together.  

• In some instances, Indian courts have recognized cohabitation or live-in relationships within the bounds of the law. The Supreme Court in S. Khushboo v. Kanniammal & Anr. (2010) went a step ahead and established the existence of the right to cohabit, which therefore no one can call illegal in the country of India. The court went on to declare that a live-in relationship is cover within the right of Article 21 of the Constitution of India—the right to personal liberty, addition of life, and all that it entails. 
• The Protection of Women from Domestic Violence Act, 2005 (PWDVA) Act applicable charges have made the acquaintance of sudden sexual relationships legal, which is also heterosexual cohabitation of women. This Act provides reliefs, which include financial provisions, residence orders, custody orders, and injunction orders in favor of women engaged in intimate and domestic partnerships but suffer from domestic violence.
• Courts have recognized the female partner’s right of maintenance who has cohabited with the male counterpart for a considerable period in certain situations. This is similar to a wife’s right. In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court opined that limited maintenance would be available to a woman in a live-in relationship as prescribed in Section 144 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) in certain events.
• The Supreme Court has pronounced that children who are born to partners during their cohabitation are not illegitimate and will have equal rights of inheritance to the children born in wedlock. This was illustrate in the case of Revanasiddappa v. Mallikarjun (2011).

Legal Options Available if Live in Agreement is Denied by Authorities

You have several legal options if authorities reject your live-in agreement. Depending on the type of denial, such as not recognizing the relationship for the sake of financial services, property rental, or other official objectives, the remedies may differ.

Making a High Court Writ Petition

The process of filing a writ petition under Article 226 of the Indian Constitution is probably one of the best procedures available. A writ petition may also be entertain by the High Court for breach of any of the fundamental rights, including the right to life and personal liberty as enshrined in Article 21.

• The couple’s right to life and right to personal freedom may have been breach, which should be the case if the authorities do not recognize a live-in relationship. In such a case, the High Court has the power to direct the authorities to recognize a live-in relationship and protect the rights of the couple.
• Couples living together for this reason have approached the High Courts many times, asking for protection from harassment by the families or the police. The right to residence and living together has been consistently upheld by the courts as part of one’s right to life and liberty.

Making contact with the Human Rights Commission

The National Human Rights Commission (NHRC) or any concerned State Human Rights Commission (SHRC) is the place where couples facing certain forms of harassment or discrimination on the grounds of cohabitation can lodge their complaint. These commissions have the jurisdiction to address the allegations concerning the violation of the rights of human beings by preventing innocent cohabiting couples from enjoying their basic rights. 

A complaint in writing detailing the nature of the refusal and its implications on human rights can be submit. The commission may carry out an investigation and recommend measures that may be appropriate to the concerned authorities.

Legal Remedies for Protection Against Harassment

If the authorities or the landlords do not accept the live-in agreement and start either threatening or even evicting, the following legal actions can be take:

• If your landlord, your neighbors, or even the authorities are harassing you because of cohabitation, a police complaint can be lodge. The police can protect the couple from any form of harassment.
• The Protection of Women from Domestic Violence Act, 2005, provides for protection orders for persons at risk of violence or threats because of the rejection of a cohabiting relationship.

Making a Request for Legal Declarations in Family Court

While there are no legal provisions for live-in partnerships being equate to marriage, family courts do provide people the option of getting a legal obligation for paternal status, custody of children, and support rights. Tensions that may arise with other bodies that may be reluctant to recognize cohabitation can easily be defuse by the court order granting such recognitions.

The couple can approach the family courts and seek rulings on the visitation and custody circumstances when a child is born to the cohabiting couple.

Maintenance Claims

When a relationship doesn’t last long and one person is dependent on the other, the defendant could ask for maintenance via the Family Court under Section 144 of the Bhartiya Nagarik Suraksha Sanhita.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.