• Live-in and child born out of wedlock

I started living with my boyfriend in a live-in relationship in 2020. In 2023, I gave birth to a baby boy. The pregnancy was undetected because I didn’t used to get my periods due to taking medicines for depression. Now my parents are saying I should marry the father of the child to constitute child’s rights and give him the name of a father. Earlier when we were in a live-in my boyfriend and I used to stay alone. Now my boyfriend is saying he won’t live alone and will only live with his parents and sister and I have to live with them. I don’t want to live with his parents, they are not very nice people. Living here feels like jail, it doesn’t feel like home. I want to live at my home with my parents. Now the marriage is arranged in 2 months and my father and my boyfriend’s father has already paid for expenses for marriage ceremony. I am thinking right now I have my rights to not live in his home but after marriage my boyfriend and his family may institute RCR against me and then my property or income may be attached to it. I don’t like living with my boyfriend’s family. Since the baby is born, my boyfriend has also stopped being supportive and is forcing me to live with his parents. What are my options? How can I explain my parents that I might lose my income after getting married? The child is still entitled to maintenance and father’s name even if we don’t marry right? And I don’t have to live with them. What is the best option at this point? Can they take some legal action against me if I don’t marry? I’m ready to keep the child or they can keep the child if they want. Can they deny me child maintenance if I dont marry?
Asked 1 year ago in Family Law
Religion: Hindu

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11 Answers

You cannot be forced to marry your boy friend 

 

2) you can inform your boy friend that you will marry him if he is willing to stay separate 

 

3) you are entitled to maintenance for yourself and child 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

 

You can fine poluce complaint if forced to marry against your wishes 

 

your parents are your well wishers and want you to marry so that you and your child are financially secure 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

As per law illegitimate child too has right of succession and inheritance, maintenance and this right cannot be taken away. Husband family donot have any right to file RCR case and it is your husband only who can file RCR but no law nor any court can force you to live with husband against your wishes and desire. You have every right to cancel your marriage. 

Siddharth Srivastava
Advocate, Delhi
1424 Answers

First of all, you have the right to choose whether to marry or not. Live-in relationships are not illegal or immoral in India, and consenting adults have the right to cohabit without marriage. The Supreme Court has held that live-in relationships come within the ambit of Right to Life under Article 21 of the Constitution of India. Therefore, you cannot be forced to marry against your will by anyone, including your parents or boyfriend’s parents. If you feel threatened or harassed by them, you can seek protection from the police or the court.

Secondly, you have certain rights as a live-in partner, especially if your relationship fulfills certain conditions laid down by the Supreme Court. These rights include:

  • Right to maintenance under section 125 of Criminal Procedure Code, 1973. You can claim financial support from your boyfriend if he refuses or neglects to maintain you adequately.
  • Rights given under the Protection of Women from Domestic Violence Act, 2005. You can seek relief from any form of domestic violence, including physical, emotional, verbal, sexual, or economic abuse, by your boyfriend or his family members.
  • Right to property under the Hindu Succession Act, 2005. You can claim a share in your boyfriend’s ancestral or self-acquired property if you can prove that you have contributed to it financially or otherwise.
  • Right to visa extension if you are a foreign national living with an Indian citizen. You can apply for a long-term visa based on your live-in relationship.

Thirdly, your child has certain rights as well, regardless of whether you marry or not. These rights include:

  • Right to maintenance from both parents under section 125 of Criminal Procedure Code, 1973. You and your boyfriend are legally bound to provide for your child’s basic needs and education.
  • Right to inheritance from both parents under section 16 of Hindu Marriage Act, 1955. Your child is considered legitimate and has equal rights as any other child born in a lawful wedlock.
  • Right to father’s name and identity under section 112 of Indian Evidence Act, 1872. Your child can claim paternity from your boyfriend if there is no evidence to the contrary.

These are some of the legal rights that you and your child have in a live-in relationship in India. However, these rights are not absolute and may vary depending on the facts and circumstances of each case. Therefore, it is advisable that you consult a lawyer who can guide you better and help you protect your interests.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

 

Your problem is with his parents and not with the marriage.

You are worried about the problem of living with his parents post marriage, whereas you do not know that his parents cannot force you to live with them in their house agaisnt your willingness.

However yo have no reason to suspect the possible treatment at their house post marriage and the ones what you have expressed appears to be your imaginary fears.

It will be too early and hasty conclusion on your part to express that her parents and sisters would be troublesome to you after you start living with them post marriage.

If you are willing to marry your live in partner, and since he has also given consent, why don't you get married and take a decision at a later date when the situation is not conducive as per your own ideologies. 

 

Whatever, you are also eligible for maintenance along with your child from him even if you are not ,married to him however if you are employed and your income is equal or more than his then you may not be eligible for maintenance for yourself, but your child shall be eligible for maintenance.

There have been numerous judgments by the apex court on the Maintenance ofa Live-in Partner and also a child arising out of such a relationship. Whereby in most cases, it was granted to the women and the children insuch a relationship. However, the amount of maintenance will always depend upon the merits of the case.

It signifies that if a female has been in a live-in relationship for a sensible period of time, she ought to have the legitimate privileges as that of a spouse and can claim maintenance under Section 125 CrPC.

Unlike in some other countries, live-in relationships are not recognized as a legal union under any law in India. However, the Supreme Court of India has held that living together as partners without getting married is not illegal or a criminal offense.

 

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

If you are not willing to marry him neither he nor his parents or your parents can force you to get married to him against your willingness.

If the threat persists from any quarters, you may give a criminal complaint against the person who is threatening or forcing you to get married agaisnt your wishes and seek police protection, the problem will be solved if police is getting into action.

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

then my property or income may be attached to it - NO, neither wife can be forced to marry with husband through RCR order.

The child is still entitled to maintenance and father’s name even if we don’t marry right? YES.

legal action against me if I don’t marry - NO

Can they deny me child maintenance if I dont marry? - No. Child is entitle to Maintenance. 

You cannot be forced to marry. Complain to police for police protection .



Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

Even if you don’t marry the child will have maintenance from the father there is no mandatory requirement to get married 

Prashant Nayak
Advocate, Mumbai
32692 Answers
208 Consultations

- As per the Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.

- Further he cannot force you to live with his parents , if you are interested to live with them.

- Further, if he files a case of RCR , then on your refusal to comply of the passed order , your property cannot be attached and no legal action can be taken place against you. 

- You an your child can claim maintenance from him , if your income is not sufficient for your maintenance , however if your income is more than him then you have no right to claim maintenance from him 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

Dear Client

Live-in Relationship: In India, there is no specific law governing live-in relationships, but they are recognized by the judiciary as valid. In your case, since you have been in a live-in relationship and have a child together, you may be entitled to certain rights related to child custody, maintenance, and the child's name even without marriage.

Child's Rights: The child has the right to maintenance and to carry the name of his father, regardless of whether you and your boyfriend marry or not. Courts generally uphold these rights.

Forced Marriage: If you believe you are being forced into marriage against your will, you can approach the police and file a complaint under relevant sections of the Indian Penal Code, such as Section 498A (cruelty by husband or his relatives) or Section 375 (marital rape). Consult with a lawyer for advice on how to proceed with such a complaint.

Right to Choose Residence: You have the right to choose where you want to live. No one can force you to live with your boyfriend's family if you do not wish to. After marriage, if you still do not want to live with them, you should discuss the matter with your husband and his family, and if necessary, consult a lawyer to understand your legal options.

Maintenance for the Child: If you and your boyfriend do not marry, he is still legally obligated to provide for the child's maintenance. You can file a petition under Section 125 of the Code of Criminal Procedure for child maintenance.

Legal Action: While your boyfriend's family may not be able to take legal action against you for refusing to marry, they may attempt to initiate proceedings for restitution of conjugal rights (RCR) after marriage. In such cases, it is essential to consult with a lawyer to understand your options and how to protect your rights.

Communicating with Your Parents: To explain your concerns to your parents, consider seeking the advice of a family counselor or mediator who can help facilitate a conversation and address everyone's concerns.

Legal Counsel: It is highly advisable to consult with a family lawyer who specializes in Indian family law to fully understand your rights, options, and potential consequences of your decisions.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

Hello , In your case

its simple while any one staying in live in relationship only Domestic violence's act may apply for maintenace of you Chlid and if any harassments by your boy friend and his family you can also do complain in the same application.

if you don't want to do complain, other option is you can go for mediation center which is handle by district court. in that place both the you both people and your both family are also call by that center authorized person. and all the matter is listen by them and after listening trying to solve it in both favor. So, In that place all you problem may be solve. this option is better.

Sheetal G. Rathod
Advocate, Rajkot
7 Answers

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