This article has been written by MS. RITU DHINGRA, a 4th year student of DELHI METROPOLITAN EDUCATION, GGSIPU
ABSTRACT
People have legal and constitutional rights that protect them in the eyes of the law. Couples in India often have to deal with harassment in the name of ‘preserving dignity’ and displays of affection can be met with violence. The legal rights of unmarried couples protect them from harassment and violence. If married couples are often harassed for being ‘vulgar’, then unmarried couples should actively keep an eye out to protect themselves from harassment or abuse.
India is a country where relationships are often viewed in a different light than in other parts of the world. In India, it is not uncommon for unmarried couples to live together without being married. This is because in India, marriage is seen as a way of strengthening a relationship. However, this doesn’t mean that unmarried couples are without legal rights. In fact, unmarried couples in India are considered legal adults and have the same rights and responsibilities as any other legal adult. This includes the right to live together, the right to own property, and the right to make decisions about their own lives. If you are an unmarried couple in India and you need help with any legal issue, don’t hesitate to contact a lawyer. If you are an unmarried couple in India, you may be wondering what your legal rights are. This article will provide you with some useful information on the subject.
INTRODUCTION
In India, living as an unmarried couple is not easy as compared to western countries. Although it is legalized in India still couples cannot live as in western countries. The lifestyle and people’s perception of the changes in society are shifting slowly. Indians are accepting things quickly and becoming open-minded about modernization but many still believe that relationships before marriage are something as not ‘appropriate’. some of the rights that unmarried couples should know to enjoy the life of a live-in relationship in India. The rights are to be known to get rid of problems, not to take advantage to involve in an illegal act.
Unmarried couples in India are also facing a lot of legal issues because of the Hindu Marriage Act, which was passed in 1955. The act states that a Hindu marriage is a marriage between a man and a woman who are of the same religion. This means that unmarried couples who are not of the same religion are not allowed to get married. The act states that a marriage between a man and a woman is the only valid form of marriage. This means that unmarried couples who are in a relationship are not legally allowed to get married.
The Protection of Civil Rights Act, which was passed in 1955 states that all people have the right to life, liberty, and security. This means that unmarried couples who are in a relationship have the same rights as married couples.
In India, unmarried couples have the same legal rights as married couples. This means that you can live together without getting married, register your relationship with the authorities, and make decisions together. There are a few things to bear in mind, though. For example, you may not be able to get a mortgage or property lease together, and your legal rights may vary depending on the state you live in.
Legal Rights and Duties of Unmarried couples Rights of Unmarried couples
Article 19 of the Indian constitution provides protection of certain Rights regarding freedom of speech, etc-
- All citizens shall have the right
- To freedom of speech and expression;
- To assemble peaceably and without arms;
- To form associations or unions or co-operative societies;
- To move freely throughout the territory of India
- To reside and settle in Amy Parr of the territory of India
- To practice any profession, or to carry on Amy occupation, trade or business.
Article 19 of the Constitution provides freedom but these freedom comes with certain restrictions imposed by law such for example : if by any law or notification for time being in force imposes any restrictions eg. Covid Guidelines.
Article 21 of the Constitution provides protection of life and personal liability- No person shall be deprived of his life and personal liberty except according to procedure established by law.
It also includes Right to Privacy held in K.S Puttaswamy v. Union of India states the right to privacy includes sexual autonomy and also protects unmarried couples. Sexual autonomy is an integral part of Article 21 of the Indian Constitution. The police have no right to arrest unmarried couples for engaging in consensual sex in private places.
When we go through constitution and different laws, it is clear that there is no law, even constitution which stand against the Unmarried couples, the Article 19 and 21 protect their rights.
Some of the section of Indian Penal Code also activate when a police man or person or group comes to harass Unmarried couples, these are:
Section 166 of IPC states that, Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 294 of IPC (obscene acts and songs)- Whoever, to the annoyance of others
- does any obscene act in any public place or
- sings, recites or utters any obscene song, bailad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 323 states Punishment for voluntarily causing hurt. —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 504 states for Intentional insult with intent to provoke breach of the peace—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 506 of IPC talks about Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Some of the rights of Unmarried couples are:
Rent A House In India
There is no law forbidding unmarried couples from renting or buying a home together. Unmarried couples can live together and buy or rent a property and become joint owners.
Rights to check-in Hotel Together
Many hotels do not allow unmarried couples to book a room together if they are above 18 years of age with valid identity proof. But, there is no legislation that prohibits unmarried couples from booking a room together. It is not a criminal offense for an unmarried couple to share a hotel room together
In 2019, the Coimbatore district administration sealed an apartment after finding an unmarried couple staying in the apartment. In this case, the Madras High Court clarifies that no laws or regulations say that unmarried couples stay in hotel rooms as guests are welcomed. At the same time, it is not considered an offense to be in a live-in relationship, supporting that the staying of unmarried couples in the hotel will not be a criminal offense.
There is no law in India that prohibits hotels from hosting unmarried guests, or those who belong to the same city as the hotel’s location. However, some hotels have a restricted check-in criteria.
A child born out of a Live-In Relationship Are Legitimate
In S.P.S Balasubramanyam v. Suruttayan, the Supreme Court has held if a live-in couple has resided under the same roof for some years, then any child born to them will not be illegitimate. The Supreme Court decided that children born to a live-in couple are legitimate.
Unmarried Couple with Valid IDs Is Not Susceptible To Arrest
Occasionally, we would hear headlines about couples being arrested, but there could be any number of other reasons for those arrests. Consenting couples over 18 who have valid identification are not subject to arrest.
The Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 also includes the right of partners in a live-in relationship to receive protection from domestic violence and abusive relationships.
Unmarried couples are actually allowed to stay together in a hotel in India and it is not illegal. People and their perspectives always differ. While some believe that it is completely fine to stay with your partner consensually, others believe it to be obscene and even mention it as a crime. With years passing by Most things are not as similar in society as they were a few decades back.
The jurisdiction of the Indian courts
When a couple decides to get married outside of India, they may not be aware of the legal rights that they have. The jurisdiction of the Indian courts will be a key factor in deciding these rights.
The Indian courts have jurisdiction over marriages that take place in India or between an Indian citizen and a foreign national. This jurisdiction extends to all matters related to the marriage, including the validity of the marriage, the status of the spouses, and the rights and obligations.
If a marriage is not recognized by the Indian courts, the spouses may be able to claim rights.
If you are a foreigner married to an Indian citizen, the Indian courts will have jurisdiction over any disputes that you may have with your Indian spouse. However, if you are an Indian citizen married to a foreigner, the Indian courts will not have jurisdiction over any disputes that you may have with your foreign spouse.
The applicable law to unmarried couples in India
In India, there is no specific law that governs the rights and obligations of unmarried couples. However, the general principles of contract, tort, property, and family law will apply to unmarried couples.
The main source of law that will apply to unmarried couples is the Indian Contract Act, 1872. This Act provides that contracts between two individuals who are not married to each other are not binding and are void. This means that any promises or agreements made between the two parties are not legally enforceable.
Unmarried couples may also seek relief from the courts in the form of divorce, separation, and custody of children. These courts may also order financial remedies, such as alimony or child support, in the event that one of the parties is not able to support themselves.
If you are a married couple and you are living together without being married to each other, the law will treat you as if you are married. This means that you can make contracts, sue or be sued, and own property as if you are married.
If you are unmarried couple and you are not living together, the law will treat you as if you are unmarried. This means that you cannot make contracts, sue or be sued, and own property as if you are unmarried.
The process for resolving disputes between unmarried couples in India
When two people who are not married decide to get involved in a relationship, they are considered unmarried couples in India. This means that they have certain legal rights and obligations that are different from married couples. Before getting into the nitty-gritty of what these rights and obligations are, it is important to understand the different types of relationships that an unmarried couple can have.
The three main types of relationships an unmarried couple can have are cohabitation, marriage, and mutual consent.
Cohabitation is the most common type of relationship between unmarried couples in India. This means that the two people living together are considered to be married. The key thing to remember here is that the relationship is not legally binding and it can be ended at any time.
Marriage is the second most common type of relationship between unmarried couples in India. This means that the two people get married and the relationship becomes legally binding.
Mutual consent is the third and final type of relationship between unmarried couples in India. This means that the two people agree to have a relationship and it is not legally binding.
If you are in a relationship with someone who is not married, you should always consult with a lawyer to make sure you are fully aware of your legal rights and obligations. A lawyer can also help you resolve any disputes that may arise.
The remedies available to unmarried couples in India
When two people love each other and want to spend the rest of their lives together, but they are not married, they may be in a legal limbo. In India, unmarried couples are not legally considered married and as such, they may not be able to enjoy many of the same legal rights as married couples.
Unmarried couples in India may be able to claim the following rights:
- The right to live together.
- The right to share the same residence.
- The right to inherit each other’s property.
- The right to file a joint tax return.
- The right to have a child together.
Unmarried couples in India may also be able to seek legal protection from harmful actions or behaviour by their partner. For example, if one partner is physically abusive, the couple may be able to file for a restraining order.
If you are a couple in India and you are not married, it is important to understand your legal rights and protect yourself from harm. Contact an attorney to discuss your specific situation and see what options are available to you.
What happens if unmarried couples cannot resolve their disputes
Unmarried couples in India have a number of legal rights if they cannot resolve their disputes. These rights include the right to live together, to maintain their property, to receive maintenance from one another, and to have children. If you have a dispute with your partner and you’re not married, you may have legal rights. You may also be able to get help from a lawyer.
Conclusion
It’s no secret that relationships between unmarried couples in India are not as common as they used to be. In fact, there are a lot of unmarried couples in India who are in a legal limbo. This is because they don’t know their legal rights and they don’t know what they should do in order to protect their relationship.
Unmarried couples in India have certain rights and can take certain steps in order to protect their relationship. Here are a few of the most important rights that unmarried couples in India have:
- The right to live together
- The right to get married
- The right to have a child
- The right to inherit each other’s property
- The right to file a complaint if there is a dispute
Unmarried couples in India should discuss their legal rights with a lawyer. A lawyer can provide advice on what steps to take in order to protect their relationship.
Refrences
This article was originally written at Quora. Here is the link for same:
https://www.quora.com/What-are-the-legal-rights-of-unmarried-couples-in-India
This article was originally written by Rumani. Here is the link for same:
https://findoutabout.in/legal-rights-unmarried-couples/
This article was originally written by Naveen Patkar 19 February 2023. Here is the link for same:
https://legalvidhiya.com/legal-rights-and-duties-of-unmarried-couplesrights-of-unmarried-couples/