Hello Kolkata Legal Desk

 HOW DOES ONE EQUATE LIVE-IN RELATIONSHIP TO MARRIAGE?

 -Suraksha Pelomez, Advocate.

Supreme Court has held that if a man and woman cohabiting under the same room for a number of years, there will be a presumption of marriage under Section 114 of the Indian Evidence Act 

The Supreme Court has given certain guidelines based on which a Live-In relationship can be treated akin to a marriage. For instance:

⦁ Pooling of resources and financial arrangements- supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long-term investments in the business, shares in separate and joint names etc.

⦁ Domestic arrangements where there is entrustment of responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or up-keeping the house are an indication of a relationship in the nature of marriage.

⦁ Sexual relationship and bearing children which mean a “marriage-like relationship refers to a sexual relationship, not just for pleasure, but for an emotional and intimate relationship, for the procreation of children, so as to give emotional support, companionship and also material affection, caring etc.”

⦁ Sharing the responsibility for bringing up and supporting the children.

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