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LIVE IN RELATIONSHIP : Reasons for
emergence in India
Concept of live in relationship
The “live-in-relationship” is an arrangement between two people (gender does not matter) who live together without getting married to conduct a long going relationship as in marriage. The legal definition of live in relationship is “an arrangement of living under which the couples which are unmarried live together to conduct a long- going relationship similarly as in marriage.” The ideal has been evolved from the broad minded people who are looking for a relationship with “No strings attached”, No future expectations. This concept has been evolved from globalisation and fast changing of the world during last few decades has hastened the changes, affecting almost all aspects of our social life, like family structure, marriage, conjugal relationship, and so on. There is no specific legislation, customs in India regulating this concept .But The Supreme Court of India has taken the liberty to explain this topic in its judgements. As the world is changing people have started following the western culture and the young generation has been forgetting the importance of marriage and have started following this concept. This directly affects the concept of having family, children, social norms. I think our society has to play a vital role in explaining the concept of marriage and try to avoid it as much as possible otherwise our rich culture old tradition can be at a point of extinct.
Marriage Importance in India
In India Marriage is inherent part. It is also important for the social institutions .In India Marriage is between two families, rather than two individuals. It gets lawful impacts and high regard in the public arena. Marriage is a social organisation and one of the most essential part in Indian culture. Most of marriages in India are arranged by parents or relatives. Even in higher societies in India the parents used to arrange marriage for their children following the traditional culture.
Historical Background of Live-in-
Relationship: India
We have seen a drastic change in the Indian society which is clearly influenced by the western culture there has been seen a revolution in Indian society first there used to be a arrange marriage then love marriage started and now live-in- relationship is followed by the young generation and this concept has been accepted in Big cities like Mumbai, Delhi, Bengaluru where there is corporate culture everyone is busy in their headache life and are free on weekend days .they don’t have to give to family. They want a free mind relationship like” No strings attached” unlike the marriage which have social boundaries, parents fear, legal paper work. But this concept of live-in-relationship is not new in India if we talk about our history and it’s origin. In the Vedas , we have eight type of Marriages i.e. Brahma marriage, Daiva marriage, Arsha marriage, Prajapatya marriage, Asura marriage, Gandharva marriage, Rakshasa marriage, Paishacha Marriage. In Gandharva marriage where the women chooses her own husband. They meet each other of their own accord, consent to live together and their relationship is consummated in copulation born is passion This concept in Vedas is similar to the new concept of the western world .Where two people mutually agrees to live together without getting married or following any ritual.
Live-in-relationship has become a new outline , How people see each other. People wants to be loved, nurtured but he binding of marriage is too big risk to take it.
Legality of Live-in-Relationship in India
There is no particular law regarding this matter. There is no particular legislature which have been made to protect the rights of both the parties. However female live-in-partner and the child born out enjoy the same rights that the wife and children enjoy in a valid marriage. The Fundamental rights which is mentioned in constitution of India Article 21 grants right to life and personal liberty to all it’s citizens. The concept of live-in-relationship is still a taboo in the Indian society and determined as illogical thing but in the eyes of court it is legal.
Judicial responses regarding Live-in-
relationship
There is no law regarding Live-in-relationship it can be considered as illegal in the eyes of Indian society but it is legal in the eyes of the law. Judiciary has been giving many judgements by keeping social norms and constitutional value in mind. In the cases prior to independence in A Dinohamy vs WL Blaham [2]the privy council laid down a broad rule stating that “where a man and a women are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequences of a valid marriage”. In the case of “Mohabhat Ali v. Mohammad Ibrahim Khan”[3] the above case judgement taken in this case. After Independence the first case which was observed regarding live-in-relationship was seen in Badri Prasad vs Dy
Director of Consolidation[4] , recognised live-in-relationship as a valid marriage to a 50 year old live-in-relationship couple. The Allahabad H.C. again recognised the concept of live-in- relationship in Payal Sharma vs Nari Niketan[5] where in the Bench consisting of Justice M. Katju and Justice R.B.Misra observed that “In our opinion a man and a women, even without getting married, can live together if they wish”. Again in landmark judgement of S.Khushboo vs Kanniammal and another[6]. Where the SC held that, living together is a right to life and no citizen shall be denied such rights. The act of two major living together cannot be considered illegal or unlawful.
Protection of Rights of female Partner in
Live-in-Relationship
The Domestic Violence Act, 2005 provides protection to the women if the relationship is in the “nature of the marriage” Women were taken for granted and mistreated by the male partner on various occasions. Such a female is considered same as a wife, though not equivalent to wife Sec 2(f) of the Act defines domestic relationship. In June 2008, The National Commission for Women recommended to Ministry of Women and child Development suggest to include live-in-relationship. Female partners for the right of maintenance under Section 125 of CRPC. This view was supported in the judgement of Abhijeet Bhikaseth vs State of Maharashtra and others[7]. This decision was supported by Maharashtra government in Oct
- When it accepted the proposal by Malimath Committee and Law Commission of India which suggests that if a women has been in a live-in-relationship for a long-time she ought to enjoy the legal status as given to wife.
Children Born-Out of Such Relationship
The rights of children born out is still unclear. The Hindu Marriage Act 1955 gives the status of legitimacy to every child,
References
1.https://www.advocatekhoj.com/blogs/index.php?bid=4294fe94c613c9ad072931429&bcmd=VIEW 2.http://www.legalserviceindia.com/legal/article-5173-live-in-relationship-indian-and-international- perspective.html
- https://vakilsearch.com/advice/live-relationship-indian-law-say/
- http://www.legalserviceindia.com/legal/article-5471-live-in-relationship-the-new-normal-.html
- https://www.scconline.com/blog/post/2019/01/23/live-in-relationship-and-indian-judiciary/
- https://www.livelaw.in/news-updates/child-born-in-a-live-in-relationship
- https://blog.ipleaders.in/legal-status-of-children-born-out-of-live-in-relationship/
- indiankanoon.org/doc/1089323/
- Hindu Marriage Act 1955 End Notes :
- Minaxi Zaverbhai Jethva vs State Of Gujarat AIR 1999
- A Dinohamy vs WL Blahaman, (1928) MLJ 388 PC
- Mohabhat Ali v. Md. Ibrahim Khan, AIR 1929 P.C. 135
- Badri Prasad v. Dy. Director of Consolidation, AIR 1978 SC 1557
- Payal Katara V Superintendent, Nari Niketan and others, 2001(3) AWC 1778.
- S. Khushboo vs Kanniammal & Anr, JT 2010 (4) SC 478
- Abhijit Bhikaseth Auti v. State Of Maharashtra and Others AIR 2009 (NOC) 808 (Bom). Written By- Kartikey Agarwal
