Historic: Supreme Court approves live-in relationships, asks Parliament to enact law

5) Sexual Relationship

Marriage like relationship refers to sexual  relationship,  not  just for pleasure,  but  for  emotional  and  intimate  relationship,  for procreation  of  children,  so  as   to   give   emotional   support, companionship and also material affection, caring etc.

6) Children

Having children is a strong  indication  of  a  relationship  in  the nature of marriage.   Parties,  therefore,  intend  to  have  a  long standing relationship.  Sharing the responsibility  for  bringing  up and supporting them is also a strong indication.

7) Socialization in Public

Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong  circumstance  to hold the relationship is in the nature of marriage.

8) Intention and conduct of the parties

Common intention of parties as to what their relationship  is  to  be and  to   involve,   and   as   to   their   respective   roles   and responsibilities,   primarily   determines   the   nature   of   that relationship.

The apex court also said, “we cannot, however, lose sight of the fact that inequities  do  exist in such relationships and on breaking down  such  relationship,  the  woman invariably is the sufferer. 

“Law of Constructive Trust developed as a means of recognizing the contributions, both pecuniary and non-pecuniary, perhaps comes to their aid in such situations, which may remain as a  recourse  for such a woman who find herself unfairly disadvantaged.