• Hotel check in

I went to a 5 star hotel in Gujarat with my very close friend who’s a girl and they did not allow us to check in due to not married with each other they asked for marriage certificate to which we said we r not couple and so did not have marriage certificate, we provided them with our id’s and both our us are above 18. I was very upset as no rule in india says u can’t check in at a hotel if u r not marriage to each other . What to know what is the rule? And can I file a suit against the hotel? As not everyone at hotels comes To get physical can also come for relaxing and so for leisure trip , and if at all the two goes physical it’s nothing wrong . I am interested in filing a suit on the 5 star hotel . Can you please advise .
Asked 1 year ago in Family Law
Religion: Other

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11 Answers

There is no law which states that unmarried couple cannot stay in hotel 

 

2) you both should be adults and have valid identity card 

 

3) you can file complaint against hotel before consumer forum and seek compensation for mental torture undergone by you 

 

4) also seek litigation costs against hotel 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Hello,

  1. There is no rule/ law in place that prohibits two unmarried couple checking obviously a hotel be it 5 star or otherwise. However, there could be policies adopted by certain to avoid interference or due policies prevalent in some states.

  2. Constitution of India prohibits discrimination on basis of sex, religion, caste etc. and the hotel refusing admission goes against such a right. 
  3. If the people concerned provide proper identification, the hotel is obligated to provide admission.
  4. You may sue the hotel and seek compensation.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

The hotel is wrong to not to allow you both to check in just because you are not married to each other.

There is no law restricting you both to stay in a hotel room just because you two are not married to each other.

You can file a complaint with the consumer court for causing you mental tortures and deficiency in service and seek suitable compensation including litigation charges.

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Engage a local lawyer for filing complaint before consumer forum 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

From examining all the facts of your query I want to say that-

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard.

To my mind, people are shielded from the law by their legal and constitutional rights. In India, displays of affection can result in violence, and couples frequently have to deal with harassment for the sake of "protecting dignity." Unmarried couples are shielded from harassment and violence by their legal privileges. Unmarried couples should actively monitor their rights to safeguard themselves from abuse or harassment.

Unmarried couples are not prohibited by law from lodging together or checking into a hotel. Even reputable hotel booking websites have a special category of hotels that are couple friendly.

There are no laws or regulations forbearing unmarried persons of opposite sex from occupying hotel rooms as guests. While live-in relationship of two adults is not deemed to be an offence terming the occupation of hotel room by an unmarried couple will not attract a criminal offence.

The Supreme Court stated in its decision in the case of S.P.S. Balasubramanyam v. Suruttayan held that if a man and woman are living under the same roof and cohabiting for some years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate.

The Constitution of India grants us the right to privacy through article 21 and sexual autonomy is an integral part of this article. The Supreme Court has also reiterated this in its judgements – the 2017 Puttaswamy judgment and the 2018 Navtej Johar judgment.

You can send a legal notice through Advocate to the hotel initially for claiming compensation. My team is dealing with various such matters. A legal notice is a formal written communication between the parties where the sender notifies the recipient about his intention of undertaking legal proceedings against the latter. It helps in making the recipient party aware of the grievances of the sender. It is considered to be a warning to the receiver to fulfill a certain condition if he does not want to take the matter to the court. It is a very time and cost-effective tool for settling the matters without any litigation procedure but rather through negotiation, mediation or arbitration. It is only this method that legalizes producing a matter to court. The intimation given is known as 'legal notice.' A legal notice is, hence, formal notification to a person or an entity, notifying the other party of your purpose to commence legal proceedings against them. Legal notice can serve as a target of negotiations among the parties and save time, effort, and money spent in court cases. This makes the party aware of your complaint. Many times, a legal notice served will bring the other party on heels, and the difficulty can get resolved out of court, too, with fruitful arguments on both sides. If the opposite party is still not heeding to the grievance, one can always start the court procedures after a particular interval, as pronounced by the law.

 

You may contact my secretary to connect with me for clarification.

 

Gopal Verma,

Advocate on Record & Amicus Curiae

Supreme Court of India

 

 

 

Shri Gopal Verma
Advocate, Delhi
393 Answers
12 Consultations

Yes there is no such law to restrict but they deny admissions per their discretion you can file a writ petition in such case and get a ruling in your favour 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

You can file an online complaint with the consumer forum within the jurisdiction of the hotel or else you may contact an advocate and proceed legally against the hotel management on this.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Choosing to stay together is a personal choice and falls under freedom of movement, which cannot be restricted.

Unmarried couples can be in a live-in relationship, check-in to hotel rooms and do whatever they want.

No law in India denies an unmarried couples a stay in Hotel.

Hire a local lawyer from Gujarat and file a Consumer complaint against Hotel.

 

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

Its depends on hotel policy whether they permit non couples in the hotel.If no such policy than you can file case in consumer court.

2 adults have freedom to engage physically as per law.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Dear client,  

As per the law in India, there is no legal requirement for an unmarried couple to provide a marriage certificate to check-in at a hotel. The hotel's action in denying you the room on the grounds of not having a marriage certificate is not justified.

You may consider filing a complaint against the hotel under the Consumer Protection Act, 2019 for deficiency of service. The Act protects the rights of consumers and provides for redressal of their grievances. As a consumer, you have the right to receive proper service from the hotel for the money you paid for the room. By refusing to provide the room to you, the hotel has not provided the service that you had paid for, and hence, you can file a complaint against them.

Additionally, you can also consider filing a civil suit for damages against the hotel for the mental and emotional distress caused to you due to their actions. It's recommended to consult with a local lawyer who can advise you on the specific legal options available to you and guide you through the legal process.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

File consumer case 

Ravi Panwar
Advocate, New Delhi
116 Answers

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