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RI have a girlfriend and she has her own house and I have my own house and we do not live together but we are in a relationship for 12 years and then we decide to break up. But after the breakup the girlfriend decides to file following legal charges on me :
1. Alimony
2. Sex on pretext of marriageSo give advice on how can one fight and win these charges.
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SIndia doesn’t recognize common law marriage.
There is zero question of alimony.
If both of you are in urban settings and she is working then simply because of the length of the relationship the sex on pretext of marriage will.be thrown out by the judge.
You are safe as long as you have a decent lawyer on your side.
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RBut some people are saying the uttarakhand rule will be applied in whole india. Where if you live long enough with your partner she will be considered equal to your wife and will receive all the rights such as inheritance, alimony etc
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SYes. Under ucc yes. But even under that the idea of a live-in-relationship is loosely defined. Or what may be understood as a common law marriage abroad.
And it will take a few years for the law to be defined better through cases and challenges that citizens face.
For example the government has defined that cohabitation of couples has to he registered. This will in part help define the relationship as consensual and protect the man to some extent.
But it will also enfore regulation like if a child is borne out of such a relationship then the man and only the man is legally liable to pay for the child’s education, food and shelter till age 18.The law it in current form says there is penalty of 3 month jail term and 10000 for not registering your live-in-relationship.
This also forced couple to not immediately move in together but plan and understand the weight of cohabitation. -
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