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- Apr 13, 2023
- 3 min read

What Is The Process To Separate From Live In Relationship Without Any Liability?

Relationships in which two individuals over the age of 18 cohabit together without getting married are known as live-in relationships. A live-in relationship has no legal repercussions, unlike marriage. For instance, live-in relationships are not required to be registered, nor is a divorce necessary to stop a live-in relationship.

The Protection of Women from Domestic Violence Act of 2005 provides protection, maintenance, and the right to palimony (a form of alimony) for the female spouse in a live-in relationship granted to a former spouse in a non-marital relationship), upon her complaint.

Therefore, the judicial system has provided appropriate protection for female live-in partners and the children of such families. Although live-in relationships may be unethical in Indian society, there is no law that forbids them.

The word "partnership in the form of marriage" is used in Section 2(f) of The Protection of Women from Domestic Violence Act, 2005, but it is not a legal term not defined anywhere in any statute (hereinafter PWDV Act, 2005).

Domestic relationships are defined by Section 2(f) of the Act of 2005 as relationships between two people who currently live together or have previously lived together in a shared residence, regardless of whether they are related through consanguinity, marriage, or a relationship that has the characteristics of marriage, adoption, or are members of a joint family.

Case Laws:

In Lata Singh v. State of U.P, the Supreme Court ruled that only heterosexual majors who are not married are eligible for live-in relationships. There is a presumption of marriage between them if the live-in connection lasts for such a long time and cannot be described as a walk in and walk out relationship.
In Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav[16], the Supreme Court ruled that even if a man's second wife was unaware of his first marriage and had a living, lawfully wedded wife at the time of the second marriage, she did not have a right to maintenance under Section 125 of the Code of Criminal Procedure, 1973.
In Indra Sarma v. V.K.V. Sarma, the court determined that under these situations, women will have the status of concubines and cannot request maintenance.
The court further ruled that every live-in relationship is not one that qualifies as a domestic relationship under the definition of the term. According to a detailed examination of the existing matrimonial rules, the partners cannot be permitted to formally split unless this type of connection is not recognised by the law.
It is simple to enter a live-in relationship, either voluntarily or due to situation, yet challenging to end this partnership properly. Furthermore, the legal implications of this relationship have not yet been addressed.
In D. Veluswamy v. D. Patchaiammal[26], the Supreme Court noted that the Parliament had made a distinction between "relationships of marriage" and "relationships in the essence of marriage" and had made provisions for benefits in accordance with the 2005 Protection of Women from Domestic Violence Act. As a result, the Indian Judiciary has acknowledged marriage and living together as two separate entities.

So there is no marriage and therefore no concept of divorce in a live-in relationship. As a result, under section 125 of the Cr.P.C., a female partner in a live-in relationship should not be regarded as a wife.

Families are disintegrated as a result of globalisation, and life partners are compelled to live apart from their wives in different parts of the world. It's possible that this societal shift has accelerated the increase of live-in relationships. 1973 Criminal Procedure Code (Section 125).

According to the researcher, the definition of "wife" in Section 125 of the Criminal Procedure Code should be changed to include a woman who has a relationship with a male that is in the nature of marriage "for a reasonably long period of time." By doing this, a woman will be able to request maintenance from her live-in partner.

divorce lawyer in delhi may be appointed if the petition is filed in Delhi. Likewise, if the petition is filed in Gurgaon then divorce lawyer in gurgaon can be appointed. divorce lawyer in cuttack can also be appointed if the petition is filed in Cuttack.

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