This article is written by Navya Venkat. She is an intern under Content Team Legal Thirst.
INTRODUCTION
The concept of a live-in relationship is nothing but when two people agree to live together under one roof and are involved in a romantic and sexual relationship without the concept called Marriage.
Earlier it was quite hard to get into a live-in relationship, because of the taboo and the way of thinking of society. But nowadays, people are gradually accepting live-in relationships and moving forward. But still, there are many, who are stepping back to get into live-in relationships for the sake of society.
LIVE-IN RELATIONSHIP IN INDIA
The honorable Supreme Court legalized live-in relationships in India, Child born out of that relationship has the right over properties as same a legitimate child. The Supreme court of India stated that if a man and woman who are major and want to live together without marriage and involving in sexual activities with each other have the right to life and personal liberty. It will not be considered an offense.
VIEWS ON LIVE-IN RELATIONSHIPS AROUND THE GLOBE
As countries changes, customs and traditions also change. Live-in relationships had acquired their legality in the eyes of law but not in the eyes of Society. There are many such countries such as China, the US, France where the live-in relationship is considered normal. An article by USA Today that from 1960 to 2000 states that about 10 million people are living together and are unmarried. Most unmarried couples who live together are in the age group of 25 to 34 years old.
IN ISLAMIC COUNTRIES
The Islamic countries like Saudi Arabia, Iran, Pakistan, Maldives, the UAE, etc follow the concept of Zina. In such countries, practicing adultery, live-in relationship, same-sex relationship is prohibited under Islamic culture. Premarital intercourse is considered as these countries are very strict in the matter of relationships and breaking such rules.
For Example: In 2005, Indonesia proposed a law that could punish a couple for living together. The punishment was 2 years imprisonment and 30 million rupiahs ( currency in Indonesia) It also give power to the police authorities to raid the houses of those who are living without marriage.
IS THE CONCEPT OF A LIVE-IN RELATIONSHIP REALLY VALID?
Nowadays, the cases of divorces are increasing rapidly. Why couples are getting apart from each other within one or two years of marriage?
Because of a lack of mutual understanding and need for affection between them. Being in a live-in relationship will help the partner to know more about each other, which can be a helping element for each other to maintain a strong and healthy bond. It’s an attempt to know each other briefly so that there will be no clashes after marriage and divorce can be prevented.
Live-in relationship in India has been in talks for years. The Supreme court stated that a live-in relationship is legal, but there are no proper laws that protect the interests of partners when they want to measure their own ways.
There must be a proper law to protect the interests of partners so that they can live peacefully after separation. The protection of Women from Domestic Violence Act 2005 offers maintenance and protection by providing alimony for an aggrieved live-in partner.
RIGHTS OF THE FEMALE PARTNER AND CHILD BORN OF THAT RELATIONSHIP
As live-in relationships are considered taboo in our society, so there are no proper laws that support women or children if they are abandoned by their male partner, but it is the Indian court that worked on rights and remedies by widening the scope of maintenance under CrPc 1973. Section 125 of CRPC provides maintenance to female partners in and out of marriage.
WHAT IF THE FEMALE PARTNER FACES ANY KIND OF VIOLENCE?
The protection of Women from Domestic Violence Act 2005 came into force to protect women from the abusive torcher of their husbands. The same act is applicable to women who are not in the bond of marriage but in a live-in relationship.
RIGHTS OF CHILDREN ON THE PROPERTY
The Hindu Marriage Act, 1955, Section 16 talks about the inheritance rights of children and provides the legal status of legitimacy to an illegitimate child. So, the child born to live in a relationship has the right to enjoy ancestral and self-bought property.
INDRA SHARMA VS. KVK SHARMA, 2013
In the above case, the honorable Supreme court of India held that a live-in relationship requires effective and adequate protection, especially for the female partner and the children born out of that relationship.
S.KHUSHBOO VS. KANNIAMMAL&ANR 28 April 2010
The Supreme court gave the judgment that a live-in relationship may be immoral in society due to its religious and traditional nature, however, it is not illegal. In India marriage is given importance over live-in relationships.
VARSHA KAPOOR VS. UNION OF INDIA 3 June 2010
The Delhi High court held that a female partner living in a relationship akin to marriage has the right to file a complaint against their partner as well as relatives.
CONCLUSION
India is a state where people have more belief in morality than logical things. The legislature cannot promote pre-marital sex that came along with live-in relationships. The nature of the relationship is personal and people have an opinion for and against it.
Disclaimer: The opinions and views in the articles and research papers published on this website; are personal and independent opinions of the author. The website is not responsible for them.
Legal Thirst has created a telegram group for exchanging legal knowledge, Events, and various opportunities.
You can click on this link and join:
Follow Legal Thirst on Instagram and Subscribe to our YouTube channel for more amazing legal content.
