A LEGAL ASPECT ON LIVE IN RELATIONSHIP IN INDIA
A LEGAL ASPECT ON LIVE IN RELATIONSHIP IN INDIA
Dr. Ashish
Shrivastava
Assistant Professor of Law
ABSTRACT:
The present research paper explained the live-in relationship of unmarried major persons of heterogeneous sex. Does it
amount offense? There are various
Supreme Court and High Courts cases to explained that the live-in relationship is a
gist of the Right to Life and Personal
Liberty under article 21 of our
Constitution of India. Live-in relationship is to be compared with marriage.
The rights of the live-in female partner and
legally wedded wife. Problems occur after the live-in relationship or aftermath of a live-in relationship. Rights secure of legally wedded wife in the
society . The research paper rights of wife and live in female partners like; maintenance and alimony, legitimacy of
the children and property rights under Hindu law as well as Protection provides under Domestic Violence 2005 Live-in relationship
is popular term but not yet explained yet by the statute.
The research the paper has also explained the immorality, uncertainty and bigamy and adultery
of live-in relationship in the eyes of
Indian Society and the concept of live-in - the relationship is totally against
to Indian culture, traditions, humanity.
India having the traditional values,
bonds of family, cultural and religious limitations. Studies deals with the
problems of youth why they are run away from the responsibilities and critical evaluation of the live-in relationship. Live-in relationship is considered a total fall out and
disrespect of our social values. In India according to traditional Hindu Law, marriage is a sacrament and not
a civil contract. It is a 'Sanskar'
ceremony obligatory for every Hindu.
INTRODUCTION:
The culture of India is one
of the oldest and unique. In India, there is amazing cultural diversity throughout
the country. The South, North, and Northeast have their own distinct cultures
and almost every state has carved out its own cultural niche. There is hardly
any culture in the world that is as varied and unique as India. India is home
to some of the most ancient civilizations Indian culture is rich and diverse
and as a result unique in its very own way. Our manners, way of communicating
with one another, etc are one of the important components of our culture.
Western
culture has affected almost every dimension of society. The core religious
traditions are still the same but the lifestyle differences can be found
because of western culture. We can say that western has affected the core
traditions of Indian society and changed lifestyle and apparent
characteristics of the society. Each and everything including clothing,
fashion, food, media, and traditions have been affected by the advent of western
culture. The youth prefers to wear western dresses rather than traditional
Indian dresses.
Society has always been
impacted by technology. Technology impacts how cities grow, where people live.
Information and money flow more quickly than ever. Goods and services produced
in one part of the world are increasingly available in all parts of the world.
International travel is more frequent. International communication is
commonplace.
India is a country, which is slowly opening its
doors for western ideas and lifestyles and one of the most crucial episodes
amongst it, is the concept of Live-in relationships. In ancient India, though
the marriage was a general norm, the Hindu scriptures describe and admit the
existence of premarital relationships as well. According to Manu, premarital
relationships existed both in the Vedic period and afterward but was a rare
occurrence. This concept of live-in relationship is not new in India; in
ancient times it was known as Maitri-karar in which a written agreement was
made between the two opposite sex that they would live together as friends and
look after each other.
Sex before marriage and live-in
relationship is not a new concept for rich and upper people even it is found to
be predominant. Now it is very common among all the classes of society. Live-in relationship is a distinctive subject
matter which has risen in recent years. A live-in relationship is an act of leisure
activity. Live-in relationship understands the relations among the partners and
creates them learn to manage things of being committed. People are not only
getting jobs from outsides countries but also following cultures of western
countries. Live-in relationship is not new for western countries but these
days the concept is adjusting its roots in the east also even our country is not untouched.
RATIONAL:
The legal practitioner, judge researcher of law have to involve in search
of law to be applied to a case in hand because "no lawyer knows more than
a relatively infinitesimal part of the law, nor does any judge. But they have
to know how to find law and where to find law.
Lawyers draw relevant proposition of law to be applied in a case in hand
from two important sources: the judgments made by higher courts, i.e. the
precedents and the legislation. One cannot find out a law applicable to a fact situation covered by a single source of law. Often the
legal proposition to be applied in a fact situation cannot be drawn from a
particular source of law . Sound knowledge in substantive and procedural laws
enables a lawyer to identify relevant facts of the case from a mountain of facts
made available to him by a client. On the identification of relevant facts and
the law to be applied thereto a lawyer uses his logic to correlate them.
OBJECTIVES:
The sole aim of legal research is the
objectivity. The objectivity of truth means that the phenomenon would be a reality
independent of beliefs, hopes or fears
of any individual, all of which we find out not by intuition and speculation
but by actual observation.
In
my research paper the object of my studies regarding the live-in relationship
is in the year 2010 the Hon'ble supreme court declared the concept of live-in
relationship is acceptable in our country. Do we really think that according to Indian culture and
tradition, this concept is acceptable in our country? If yes then how much it
is suitable for our society?
Does it go to spoil the ancient culture, what we have in India? Or we
had this culture since ancient time? Just due to some young people with new
thoughts, do we have started to lose our tradition and culture? Legal and Social aspects of live-in relationship. What we think rather
than getting, the married live-in relationship is better?
RESEARCH
METHODOLOGY:
Techniques for collecting data are referred to as methods while the logic
applying the scientific perspective to the study of events is termed
'methodology'. Various methods constitute only a part of the methodology. The
systematic investigation of the problem and of matters concerned with the law such as Codes, Acts, Constitutions, etc is legal research judges, lawyer's, Law
commission and researchers constantly do research in Law. Legal researchers do
make systematic research into facts of social, political, and economic
conditions which gives rise to the individual rules, acts or codes. They also
examine the socio-legal and other effects of those acts or rules.
The legal research deals with the social and behavioral phenomena. It studies the behavior of human being as members
of society and their feelings, response, attitudes under different
circumstances. Legal research is carried on both for discovering new legal
facts and verification of old ones. Legal research tries to give solutions to
LEGAL PROBLEMS.
UNIVERSE AND SAMPLE
COLLECTION:
In my research paper mainly available literature is official documents or public documents. Public documents also
supply huge fund information. They deal with different subjects and are usually
published by various institutions, organization, and associations. Records, parliamentary
debates, Judgments, etc are regarded as important public documents. These
documents are easily available and, to a large extent also reliable. The
public documents may be in the form of unpublished records and published
documents. A good deal of information regarding socio-legal problems is now collected and
released for publication by Government. Generally, all current legislative materials such as Bills, Acts,
Rules, Notifications, etc are published in the Gazette of India.
The Federal
court Reporter and supreme court Reports published the cases decided by them.
Private publications like A IR, Supreme court cases, Supreme court Journal also report the case decisions
of the Supreme Court. The case decisions of High Courts are also published in
'All India Reporter ' , Madras Law Journal, Bombay Law Reporter, etc.
OBSERVATION OR ANALYSIS:
The research study deals with the issue of
live-in relationship which is very common these days. here I am trying to find out of the reasons for
critical evaluation of the live-in relationship. However, the law on this issue is not
very clear either in India or abroad.
While the case by case basis court is adumbrating
the law with regard to live-in
relationships, there are many questions that need to be answered. The rights guaranteed to female live-in partner
along with the rights of a child born out of such relationships ought to be
secured. However, it has to be kept in mind that when law giving legal sanction
to live in relationship, it does not impede upon the institution of marriage
??? , as many times men who get into a live-in relationship is already married. the rights of women in such a relationship are also not very clear.
As far as the right of the child
born under such relationship concerned,
under the Hindu marriage act, 1955 such child will be legal, nevertheless, there is
no such laws apart from Hindu marriage
act 1955 that endorses presumption of legality of the child born out of living in
relationship. Hence the option of live-in-relationships may seem attractive but the
real side may not be that fancy. They may be practically possible but their
success in life which someday requires a life-long companion is definitely
dull.
In case the parties to live-in-relationship decide to move out of it, to
secure rights of the child whom none of the parents want to keep, there must be a
provision that any of them would be responsible to look after the child. To
ensure that his rights are actually given, the Court may appoint a guardian. The
child is entitled to get a share in the property of both the father as well as
the mother.
Justice Malimath Committee as well
as the Law Commission of India states that if a woman has been in a ‘live-in’ a relationship for a reasonable period, she should enjoy the legal rights of the
wife. On 8th October, this recommendation was accepted by the Maharashtra
government.
The
Fundamental right under Article 21 of the Constitution of India grants to all
its citizens “right to life and personal liberty” which means that one is free
to live the way one wants. The live-in relationship may be immoral in the eyes of
the conservative Indian society but it is not “illegal” in the eyes of law. In
Payal Sharma v. Superintendent, Nari Niketan Kandari Vihar The Allahabad High
Court has held that a lady of the age of majority has a right to go anywhere
she wants and that both men and women can live together even without getting
married. In Patel and others case, the Supreme Court of India held that
live-in relation between two adults without a formal marriage cannot be
construed as an offense. This stand was reiterated by the Supreme Court in the
case Khushboo v. Kaniammal and another.
The
judgments mentioned above had caused great furor and were subjected to severe
public anger, they were seen as a step to demolish the culture and tradition of
India and to encourage the western concept of live-in relationship.
But few do realize that these
judgments have acted not as an incentive to the live-in relationship, but as a discouraging
factor. An analysis shows that the characteristics of live-in relationship
which attracts people towards it are lack of responsibility, freedom, and lack
of commitment. But the judgments of the courts in India have attached several
responsibilities to the said relationship in the form of maintenance, the presumption of marriage, legitimacy of children, etc. Thus, the legalization of
live-in relationship defeats the very reason for which most urban and
financially independent individual, especially youngsters of modern society,
opt this as opposed to the institution of marriage. Attributing the incidents
and consequences of marriage to the live-in relationship brings it almost at par
with marriage.
The Supreme Court of India; bench consisting of Chief Justice KG
Balakrishnan, Deepak Verma and B S Chauhan in actress kushboo case said
"When two adult people want to live together, what is the offense.
Does it
amount to an offense? Living together is not an offense. It cannot be an
offense, "The court opined according to Indian Mythology even Krishna and
Radha lived together." “Please tell us what the offense is and which
section of the law applies?” The apex court also cited Article 21 of the part -III
of the Constitution of India, which expressly guaranteed the right to life with
dignity, liberty, and respect, and the court also stressed that the perceived
immorality by a few protagonists of morality cannot be branded as
offense.."The major girl is free to marry anyone and she can live with
anyone ", The live-in relationship between two consenting adults does not
amount any offense,which is heterosexual in nature [which is contrary to Adultery, which is offence under Indian Penal code 1872], The Kusbhoo case will
be known for upholding of freedom of expression, free speech, individual rights, she has right to express her views on any subject within parameters of law. The
supreme court did not any fault with her views, opined she has the right to express
her opinion.
Though the Honorable Supreme Court has
given the permission of premarital sex which is not an offense and some restricted rights also given to the female partner of the live-in relationship under the DOMESTIC VIOLENCE ACT 2005, what you people think its correct thing or not? How many live in partners got married when they being
live-in partners? It's just a weapon of
youth which is used by them that is they are a live-in partner because they
wanted to know each - other and checked
their compatibility with each other than after they will get married. There is
no certainty in such relationships it's just a contract which is renewed day by day by both the live-in partner's court
already held that In Alok Kumar Vs State & Anr dated 10th AUGUST 2010, The Delhi High court while
dealing with the validity of lives in the relationship held that " Live-in relationship is a walk-in and walk-out relationship . There are
no strings attached to this relationship, neither this relationship creates
any legal bond between the parties.
It is a contract of living
together which is renewed every day by day
the parties and can be terminated by either of the parties of the
parties without the consent of the other party
and one party can walk out at will at any time ."
Nowadays by youth Live in relationship
taking as a fashion or a status symbol. Don’t you people think that
such type of relationship increases the bigamy, adultery and of course male and
female prostitution, which is totally IMMORAL for our society. Supreme Court
just analyses the law and gave the decision only, and the persons or youth
which they are living in together taking undue advantage of making the such type
of relationships. They move away from
their responsibilities, run away from
their moral duties took the reasons like divorce, long legal
process and metal tension etc. for these
problems legislature made laws and we have the solution because where there is a problem there is a solution .
Though one
side our judiciary trying to make procedure and rights easy were another side
trying to decrease the litigation. But the problem as it is there is no change in
the problem. Supreme Court gave their acceptance to premarital sex and live-in relationship but the aftermath of such
relationship is very ugly.
There can be no comparison between "marriage" and "live-in relationship". Marriage is
the way to keep our society alive and "live-in relationship" is just
an excuse with the help of which we are
trying to run away from our social
responsibilities. Supporting what
Maharashtra government is
doing would be like
encouraging live-in relationship. So here we say it is only acceptable some youth but
not all the society people and live in a relationship having more bad after
effects of it.
FINDINGS:
This is the biggest evil
of the 21st century and a trend that
will lose the religious, cultural and morality and respect for elders , and society. Here I checked it out that still in
our society the concept of live-in relationship A huge number of peoples are not accepted or
strongly against such type of relationship
and about none peoples have favored the life
in relationship concept.
SUGGESTIONS:
So humble suggestion is that the above disadvantages should be checked. Live-in relationship is an individualistic and human
rightist approach. Although the live-in relationship is quite prevalent is
western countries, but the reality in India is different. Here marriage is still an institution, which preferred over any form of union. In suggestion, there should be clear cut law relating to this
subject. Secure the rights of a woman who engage in such relationships through
appropriate provisions.
But in my Personal opinion strongly oppose the
concept of Live-in relationship which gives only an only insecurities,
problems and increasing immorality and spoiling our marriage institution as
well as our Indian culture and tradition which is a strong identity of India which
giving a position in front.
CONCLUSION:
The live-in relationship which
has risen in recent year because of domestic violence. Before going deep into
this subject, people should understand the meaning of live-in relationship. A live-in relationship is an act of escapism. Live-in relationship judges the
relations between couples and makes them learn to manage things of being
committed. People are not only getting jobs from outside countries but also
following culture of western countries.
Live-in relationship is one such
connection in which a boy and a girl have some relation before their marriage and if
they are satisfied with their partner they get married or be like that for
years. This kind of action though seems different; it is the one, which is being
implemented today. Live-in relationship handles matters of premarital sex, but
those couples who are maintaining relations don't mind such things. Overall
this relation builds up a harmony between the couples but spoils their social
influence.
The career-oriented new generation is mainly not interested in marriage
instead, they live in such kind of a relationship like cohabitation without marrying to avoid the lengthy procedure of
divorce and even children’ partners who are living in such relation desire to
live comfort as well as tension-free
life'. There is no clear cut law
regarding about live-in-relationship "WE CONCLUDE THAT WITH
THE VERDICTS OF HONOURABLE COURTS
THAT SUCH KIND OF RELATIONSHIP NEITHER ILLEGAL AT ALL NOR TREATED AS AN OFFENCE
BUT IT MAY BE IMMORAL IN THE EYES OF SOCIETY ". Legal rights of women who
involved in such relationships may have equal rights as to marriage but children out of
this relation has validated right in inheritance.
Live-in relationship is the greatest threat to India. It destroys the Indian
family system. It cannot build a healthy society by any means. Live-in relationship
says that “live for yourself, not for others”. It should not be legalized by
any means. It is not the solution for domestic violence or dowry harassment.
Live-in-relationship does not have commitment or sacrament. It is built upon
the pillars of money, individualism, liberty and fashionable lifestyle. It is
very fragile that it can break at any point in time. Religiously, morally,
culturally and legally, it is pure high-tech prostitution.
If it is legalized,
marriages will vanish soon and India will go to dogs! Ultimately India will
become another America, where there is no proper culture or no proper family
system. Let’s do not become cultureless brutes. Please Save India! Save
Culture!
BIBLIOGRAPHY:
- Wiki Pedia: The free Encyclopedia
- Google Search engine
- Live-In Relationship In A Marriage-Centric
India: Posted by Madhur Gupta
- What
makes a live-in ‘legal’? Supreme Court explains: Posted By Rakesh
Bhatnagar
- Live in relation & Provisions relating to Maintenance
- Principles of Sociology, Dr. Kumar, L N
Agarwal Educational Publ. 7th Edn, 2003
- S. Khushboo vs. Kanniammal & Anr. (2010)
5 SCC 600
- Supreme Court of India in D. Velusamy vs
D. Patchaiammal on 21 October 2010
- Delhi High Court in Varsha Kapoor vs Uri
& Ors. on 3 June 2010
- Supreme Court of India in D. Velusamy vs D.
Patchaiammal on 21 October 2010
- Alok Kumar vs State & Anr. on 9 August,
2010; by Mr. Mahendra Subhash Khairnar
- REINCARNATION OF MARRIAGE, live-in
relationship
- S.
Khushboo .V Kanniammal, CRIMINAL APPEAL NO. 913 of 2010 [Arising out of
SLP (Crl.) No. 4010 of 2008] (2010) 5 SCC 600 Supreme Court quashed all 22
cases filed against her under section 499, 504 ,505 IPC for her remarks about pre-marital sex.
- IN THE HIGH COURT OF DELHI AT NEW DELHI WP
(Crl.) No. 638 of 2010
- Live-in Relationship “Justified Sin, of
Modern India” or a conspiracy against, Indian culture and Religions
- Legal Research Methodology of professor H . N. GIRI
- Legal Research Methodology of Dr. S. R.
Myneni
- Cr. M. C. NO. 299/2009
- Live-in relationship - Review and Analysis: Chetan Tripathi
§
Legal
Decisions
§
Protection of Women from Domestic
Violence Act 2005 Sections
2(a), 12 read with Sections 18, 19, 20, 21 and 22.
§
In S.
Khushboo Vs. Kanniammal & Anr. JT 2010 (4) SC 478
§
in Lata
Singh Vs. State of U.P. & Anr.AIR 2006 SC 2522
§
Madan Mohan Singh & Ors v. Rajni Kant & Anr. (Civil
Appeal No. 6466 of 2004, decided on August 13, 2010) (Paras 19-22)
§
Bharata Matha & Ors v. R. Vijaya Renganathan & Ors. (C.A.
No. 7108 of 2003; Decided on 17-05-2010)
§
Alok Kumar v.
State & Anr "Alok
Kr. v. State (Cr. M.C. No. 299/2009, decided on August 9, 2010)".
High Court of Delhi. Retrieved 25 August 2010.
§
D. Velusamy
v.D. Patchaiammal CRIMINAL APPEAL NOS. 2028-2029 Of 2010
।।जय हिन्द जय भारत।।
SAVE WATER-SAVE LIFE
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