Supreme court cases on live in relationship the philippines

Live-In-Relationship : A Problem or Solution

supreme court cases on live in relationship the philippines

It will still take time for the society to approve of live-in relationships. received due recognition in a few countries such as France and Philippines. The Supreme Court however, has observed in a current ruling that a woman society wants are both ill-informed decisions and hence should be avoided. Common-law marriage (live-in relationships) in the Philippines In case of default of or waiver by any or all of the common children or their. this you gotta see! philippines jw cleared in supreme court of shacking up who would use religion as an excuse to enter into immoral conjugal relationships. In some cases it is allowed in the philippines to live together as.

But at the same time, the law also grants us the autonomy or the space to define who we are. Upon our death, the law does not cease to respect our earned autonomy. Rather, it gives space for us to speak through the agency of she who may have sat at our bedside as we suffered through a lingering illness. I am of the view that it is that love and caring which should be rewarded with the honor of putting us in that place where we mark our physical presence for the last time and where we will be eternally remembered.

supreme court cases on live in relationship the philippines

The High Court declared null and void a marriage based on the complaint of the wife that they were not having sex. Justice Justo Torres Jr said: Indeed, no man is an island, the cruelest act of a partner in marriage is to say "I could not have cared less.

The egoist has nothing but himself. In the natural order, it is sexual intimacy which brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations. In Antonio vs Reyesthe Supreme Court acknowledged that the wife was still in love with her husband. Nevertheless, they still voided the marriage after finding that the wife was "psychologically incapacitated to comply with the essential obligations of marriage.

What the Supreme Court says about love

Is a love that is lawful a just love? She did not prevail. Justice Flerida Ruth Romero said: Not in Matudan vs People as the Supreme Court remained very conservative in its definition of what constitutes annulment. Justice Leonen pleaded the court to be more open minded in his dissent: This avoids the reality that people fall out of love. There is always the possibility that human love is not forever.


B, Bharati Vidyapeeth University, Pune. The term live in relationship is the kind of relationship which is free from commitments and responsibilities unlike traditional marriage.

It is not recognized by The Hindu Marriage Act, or by any other statutory laws. The Supreme Court of India recognized live in relationship as legal relationship and is not considered as prohibited relationship. This Article is divided into six parts i Introduction ii aim and objective of research paper iii legal status of live-in relationship iv Rights of female partner in live in relationship v status of children born out of live in relationship vi Live in relationship in other countries.

Status of live in relationship in India and other countries, maintenance to female partner in live in relationship, and rights of children born out of live-in relationship. Introduction In India, traditional marriages are considered as sacramental.

This legally entitles both the persons to cohabit. The traditional form of marriage is based upon commitments and responsibilities, but with the changing times no one wants to be entangled into the responsibilities of marriage and with that people seek other rational choice.

Lately, the live in relationships has become alternate to marriage as it avoids the obligation of traditional marriage. Live-in relationship is an arrangement by the man and woman to live together as a couple under same roof, by which the person can enjoy the benefit of cohabiting together.

Such relationships are notably increasing in metropolitan cities.


The Supreme court in: It has been duly observed by the apex that if the couple decides to live together, it is well within their Right to life.

Referring to Article 21, this guarantees right to life and liberty as a fundamental right. It also provides protection and maintenance and thereby grants the right to alimony to live-in partner. Aim and Objective To know the legal status of live in relationship in India. To compare the status of live in relationship with status of married couples with the help of Judicial decisions in India To know about the Rights of Female partner in live-in relationship To know about the Rights of children born out of live in Relationship To study the status of live-in relationship in other countries Legal status of Live-in Relationship There are following requirements to fulfill the criteria of live-in relationship Legal age to marry Qualify to enter legal age Must be unmarried Voluntary cohabitation should be considerable period of time Shared household Pooling of resources and financial arrangement between parties Domestic arrangements Children Socialization of relation in public Live-in relationships are walk in walk out relationship, which is an alternative to the marriage.

In such kind of relationship Couples are free from legal bond of the parties. Comprehensively the concept of legal relationship was recognized to test the compatibility of the person before entering into any legal commitments or to establish financial security before marrying.

It can also be consider the way for polygamists to avoid breaking the law and also gets easier for non-recognized relationships such as LGBT couples to live in together than to marry. In India, live-in relationships are considered as the social taboo, pre-marital sex or live in relationship has generated the hideous debate across the country, however the scenario is no longer alike in metro cities.

There is no specific law defined for live-in relationship in India.

Live In Relationship as a new form of Family

But courts have given recognition to such relationship in certain case. The first case recognized by Supreme Court of India of live-in relationship as a valid marriage was: Director of Consolidation [3] in which the court upheld the legal validity to 50 years live-in relationship.

It was duly remarked b justice Krishna Iyer that, A strong Presumption arises in favor of wed-lock where partners have lived together for a long spell as a husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin.

Law leans in favor of legitimacy and frowns upon bastardy [4] In another case, S. Superintendent, Nari Niketan, Kalindri Vihar Agra and others[6] The court observed that the lady of 21 years of age is major, has right to anywhere and can live with anyone.

In the case of D. The court also made clear that if the man is in live-in arrangement with a woman for sexual reasons, then none of the partner can claim for the legal benefits of the marriage. Kanniammal and Anr [9] observed that, a man and a woman living together are not illegal in the eyes of law, even it may be considered immoral by the society. Rights of Female Partner in Live in Relationship A man and woman living together in a live in relationship are partners and not given any status of husband and wife.

Without any status of marriage, one cannot claim any rights, such as property rights, maintenance rights, religious rights, conjugal rights, etc. It was supported by the judgment in Abhijit Bhikaseth Auti v.

supreme court cases on live in relationship the philippines