Examination of the rights of married couples in terms of law

Most people have a question: “Is it a good relationship with a good partner in India?”. There is no law against two adults living together under the same roof, whether they are married or not. The law and law of a good relationship is complex because in ancient India there was no concept of a man and a woman living together without a relationship by blood, marriage or adoption. In fact, it is considered immoral even today. But morality does not rule the law the way the basic law does. For this reason, when there is no legal regulation regarding kinship relations, the Supreme Court and many Supreme Courts allow kinship relations.

However, marriage is not just a label for a relationship. It brings many rights to both parties involved. Examples include laws regarding unemployment, domestic violence, property, children’s rights, legal separation and divorce. Most of the time life in a relationship is a good one with marriage, an understanding of shared rights. These rules are discussed below.


Living together: Legal rights in India
Living together under one roof. Most people think it is also illegal as it goes against the morals of Indian culture and society. People who are in romantic relationships are also threatened with arrest and imprisonment. But we must understand that when two adults come together by consent of love, they are not really criminals. In a landmark case, the Supreme Court recognized the right to life, declaring that “the morality of society is important and that crimes cannot be used as an unlawful interference with personal identity.”

Letting a Shared/Owning a Property
When two adults decide to live together, they need a place to set up. There is a misconception that people in a relationship do this illegally and that they do not have the right to rent and own property. Those who rent their property to them will be prosecuted. It should be noted that in social rights, property rights are the same as the rights that everyone has. However, property owners will not want to rent their property to unmarried couples. In this case, since it is a personal preference, the owner’s eating habits or religious preferences cannot be affected, so they cannot be forced. However, it is not illegal to rent or own property with a common law partner anywhere.


Police protection
It is known that married couples who escaped against their parents’ will, were protected by the police and prevented the murder. Another fact is that sometimes the lives and safety of even couples in a relationship are threatened by moral authorities or family members. In these situations, couples have the right to seek protection from the police regarding interference with life and personal freedom, as explained in the fourth table of Kamini Devi.


If a couple has an affair, it does not stop their marriage, or even end the relationship and marriage. Whether such behavior (due to the nature of what counts as marriage) should be considered polygamy remains an open question.


Domestic Violence
Women’s Protection from Domestic Violence Act 2005 applies to women living in the same house with other families. The question that arises here is: Are women’s rights in relationships compatible with women’s rights under the Domestic Violence Act? The Supreme Court answered this in the case of Indra Sarma, in which it was affirmed that domestic violence in marriage was subject to the provisions of the Domestic Violence Act 2005. However, these practices may vary depending on the specific circumstances of the case. .


Women’s support is a right under various personal laws, including the Hindu Marriage Act of 1955 and secular law under the CrPC. In the Chanmuniya case, the Supreme Court granted custody to a woman (who married her husband’s brother in a joint ceremony and remained his wife after his death) under Article 125 of the 1973 Criminal Code. In contrast, in Indra Sarma, the Tribunal refused to pay the costs to the parties, stating, “We know that if the defendant is instructed to pay alimony or a fine to the plaintiff, the costs will be paid by the plaintiff.” Spouse and Children are the rule, especially when they are against the relationship.”

Whether a woman’s rights in a relationship in India include alimony or not therefore depends on the facts. An explanation can be found with the help of a family lawyer.


The statement “Access to social rights will deprive the family of all rights” is a misconception. The right of inheritance (inheritance) and the right of parents to purchase their own property arises. If the property belongs to the parents themselves, it is up to them to decide what to do with it and to whom they want to transfer it. But after their death all their children have equal rights over these things as long as there is no malicious intent.
The next question arises: do common law partners have the same rights over each other’s property as legal spouses? In Dhannulal, the Supreme Court upheld the view that the woman inherited the property upon her husband’s death but failed to prove that the marriage was valid. The court said that even in this case, a man and a woman who have lived together as husband and wife for many years have the right to receive property as legal spouses.

Adopted Children
According to the Central Adoption Resources Administration (CARA), adoptive parents must be in good physical, mental, competent and financial standing and have been married for at least two years. Must have. . Marriages of couples in love are not stable by current standards. For this reason, people included in the law will not be allowed to adopt children. However, for long-term couples, the court will assume that they are officially married unless there is evidence to the contrary. Therefore, whether a married couple can adopt a child depends on the facts.


Inheritance Rights of Children
Children born in a common law relationship can be a social taboo. However, now that social relations are normalized, children born from social relations cannot be ignored. Section 16 of the Hindu Marriage Act 1955 deals specifically with the legal rights of children born of an invalid or dissolved marriage and their right to inherit property from their mother. Children born from these relationships are generally considered legitimate, as courts often choose to characterize these relationships as marriages. In addition, whether they inherited or their right to inherit from someone other than their parents is still a question that the court and the law have to answer themselves.


While the Court is doing everything to clarify many social law issues, it’s time for creative legislation to take action and create detailed regulations. He will retire once and for all for all conflicts, whether it’s his race, the couple’s relationship, or the outlaws called morality police. Until then, thankfully, there are many laws that pave the way for unmarried couples.


FAQ on common law relationship rights

Q – Do girlfriends have rights?

A- It seems a little out of place to talk about men’s rights in relationships. Men are often overlooked in relationships. As a partner in a romantic relationship, the man has the right to live together, to receive property when the partner dies, and to care for children like a father. According to Hindu marriage law, the court will decide whether she can receive the same alimony as her husband. HMA rules, remarriage, etc., unless the marriage is recognized. Would not have the same rights as a Hindu husband.


Q- Can I have a relationship without divorcing my husband?

A- In the recent cases, the Supreme Court has clearly stated that after the legalization of adultery, it is not a crime to have a good relationship with someone else, even if they are married to someone else. However, opposing marriage cannot be supported as it will disrupt human relations.


Q- What rights do I have to be a lively girl?

A- Among the rights of the girl living together are the right of custody, the right to fight domestic violence, the right to receive property when the partner dies, the right to have children, etc. takes place.



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