Live In Relationship Legalities

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Summary

The Supreme Court of India has discretionary power under Article 136, used sparingly for gross violations of law. Live-in relationships are guided by cases like Indra Sarma vs. V.K.V. Sarma. Property rights in such relationships are not automatic unless a will exists. Children from live-in relationships are considered legitimate under the Hindu Marriage Act. Maintenance rights for live-in partners are covered under Section 125 of CrPC. To defend Mr. Sanat Kumars parents, argue the non-recognition of the relationship as a legal marriage, the pre-relationship purchase of the property, and the lack of a will.

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Gujarat, India
For your moot court case, considering you're from Gujarat, India, here are some points that could help:
*. Article *: This is a discretionary power, exercised rarely and not in routine matters. It is used when there's a gross violation of law or procedure.
*. Live-in Relationships: The Supreme court of India in the case of "Indra Sarma vs V.K.V.Sarma" laid down guidelines for testing the validity of a live-in relationship.
*. Property Rights: In live-in relationships, a partner cannot claim property rights unless a will is present, as per the Indian Succession Act.
*. Child's Rights: Under the Hindu Marriage Act, if a child is born from a live-in relationship, they are considered legitimate.
*. Maintenance: Under Section * of CrPC, "wife" includes a woman who has been in a live-in relationship for a reasonable period.
Remember, these are general points, and the specific facts of your case can alter the application of these laws.
Some case laws related to the moot problem
Considering your case from Gujarat, India, here are some case laws that could be helpful:
*. Indra Sarma vs. V.K.V. Sarma (*) - Guidelines for live-in relationships.
*. Badri Prasad vs. Dy. Director of Consolidation & Ors. (*) - Recognition of live-in relationships.
*. Tulsa & Ors vs. Durghatiya & Ors. (*) - Legitimacy of a child born from a live-in relationship.
*. S.P.S. Balasubramanyam vs. Suruttayan (*) - Rights in property.
*. Chanmuniya vs. Virendra Kumar Singh Kushwaha & Anr. (*) - Maintenance rights for live-in partners.
Please research these cases in detail according to the specifics of your case.
From above moot problem, how can I defend mr sanat kumar 's parents from the petitioner
To defend Mr. Sanat Kumar's parents, you could focus on the following points:
*. The nature of the relationship between Mr. Sanat Kumar and Maya was not legally recognized as a marriage.
*. The property in question was bought by Mr. Sanat Kumar before their relationship, and occupied by his parents.
*. Since there was no will or power of attorney, the property would typically go to the legal heirs (parents).
*. The legitimacy of the child can be disputed, depending on the evidence provided.

Remember, this advice is general and the specific circumstances of your case may require different strategies.