Supreme court has judged a woman cohabiting with a man for a long duration and living with him in the nature of wife is entitled to property rights after his death, like a wife would be. A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married. “It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a …[Continue Reading]
Live-in relation doesn’t give immunity from rape charge: says Delhi HC
In another reminder to Indian men to forget about how law can protect them against a woman’s complaint, the Delhi High court has said that live-in relationship cannot be kept out of purview of rape. Can’t keep live-in relations outside purview of rape: Delhi HC “As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do,” a bench of chief justice G Rohini and justice Rajiv …[Continue Reading]
Mumbai High court gives anticipatory bail in IPC 376 ‘technical’ rape allegation
http://timesofindia.indiatimes.com/india/Pre-marital-sex-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms The important parts of the judgment which relate to merits of the case are below: Seema, who claimed she was pregnant with Rahul’s child, said despite promising to marry her, he had married another girl. Rahul claimed the relationship was consensual, and they could not marry as they belonged to different religions. Rahul and Seema, both lawyers, knew each other since 1999 and had a physical relationship since 2006. Seema claimed he had promised to marry her. In 2009, when he said he could not, she had tried to commit suicide. They continued physical relations even after that. … …[Continue Reading]
Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court
After the recent episode where Supreme Court wanted to see if palimony could be applicable for live-in relationship of 14 years, the air has cleared. Link to previous news below: http://timesofindia.indiatimes.com/india/Should-a-concubine-get-maintenance-SC-to-examine-the-question/articleshow/6685247.cms Update Apr 14th 2015: Full judgment is given at the end now. Today’s news where SC has distinguished that there are 2 kind (hopefully we stop at 2) of live-in relationships when it comes to eligibility of maintenance to women: 1. Live-in relationship in nature of marriage 2. Live-in relationship of any other kind And SC has clarified that the second kind are NOT eligible for maintenance by women. …[Continue Reading]
Delhi HC says live-in relationship invariably initiated and perpetuated by male
I could not make sense out of it. Even though Supreme Court ruled so much in a recent judgment on Khushboo’s case that live-in relationships are a reality in society, the Delhi HC judgment in a PWDVA (Domestic Violence Act) case below seems to put all burden on men of initiating and perpetuating a live-in relationship. Actually, it says an assumption can fairly be drawn. On what common sense, or any other basis was this assumption drawn is of course a mystery. What is not a mystery is that many court decisions will continue to treat women as children without …[Continue Reading]
Man seeks maintenance from live-in partner
It is a a sign that Indian men are not taking it lying down. A man in Hyderabad has asked for monthly maintenance from his working live-in partner of 10 years, relying on a recent Supreme Court judgment which allowed maintenance to a woman from her live-in partner. It is to be noted that there is as yet no provision in Indian law for maintenance to a man from live-in partner, but it is a sign that men are asserting their rights based on what is available to women. If a woman in live-in relationship is allowed to get same …[Continue Reading]
Another rape for non-marriage scam!
As usual, the police has promptly dispatched team to arrest the accused… see another post just few days back about police treating live-in relationship gone sour as rape! http://www.ndtv.com/news/cities/woman-alleges-rape-after-ex-lover-breaks-marriage-promise-29095.php A jilted lover lodged a complaint against her former lover on Sunday after he dumped her and tried to marry someone else. The 29-year-old engineer was in love with Jitendra Vasant Patil , a resident of Nandurbar, for the past four years. According to the Shivajinagar police, the victim claimed that Patil forced her to have a physical relationship with him, saying he wanted to marry her. Patil, an interior designer, …[Continue Reading]
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