Marital Status with Judiciary Perception of Live-in-relationship
It is perceived that our society appear day by day, generation to generation. Even people day by day cautiously opening their minds towards the idea of pre-marital sex and Live-in-relationship. As it means when two people living together without contemplate to initiate any kind of permanent relationship between them.
This upgrade mindset is a result of globalization and literacy increasing rate. However, for many of us, it is not an elude from the responsibilities even though a better way to understand our partner and to check whether if it all we are compatible for each other or not. These relationship nowadays has come up with primarily out of amenity. Therefore, such couples had the mentality that the marriage is just a wastage of money and with full of social drama. They believe that this love does not need any paper certification. However, this change has been continuously under censure and highly discussed as these concepts are in absence of legality and acceptance by society.
Our legal system has been developed with the society because law has been playing a crucial function in social change. As recently, there is decriminalization of section 377 and 497 of the IPC, that shows how the indian laws have developed within the society.
The Live-in-relationship idea comes from the broadened mindset of the people who started to desire for a relationship with no-strings-attached. Living relationship couples is the one who live together, with no anomaly being the bottom line. As there is no legal definition to exaggerate the concept in indian law.
It is very less relevant to Indian tradition as it of more based on westernized theory. Therefore, supreme court at very case take the autonomy to detailing the concept through their judgements. This kind of relationship is different from marriage and also there is no restriction on the partner’s to live along with.
The reasons which come over in the live-in-relationship:
• Whether Indian society is ready to accept such a new kind of relationship.
• What are the consequences of accepting or denying of such relationship in the flow an progress of the society.
• Whether new laws should be made in India to supervise these relationship.
• What happens if such relationship is legalized on married partners.
• Does the subsist law relating to the maintenance, guardianship, succession and inheritance be amended to adapt such relationship.
• What is the role of Indian judiciary in the province of coming out of such relationship.
The Indian judiciary is so far most agreeing with regard to acceptance of such relationship. But in so far as the security of the claims of the women in such relations is concerned, the Indian judiciary firm stands to provide justice to the unfortified section of the society.
The concept of live-in-relationship to the Indian legislature does not have any legal consequences for the couples who living together without marriage involved in the relationship.
As in this way, there is no legal definition of live-in-relationship, the lawful status of such relationship is unverified. As Indian laws does not give any rights or responsibility to the parties of living relationship. Although, the court has elucidate the concept of live-in-relationship through various judgements. Therefore, the law is still elucidate about the status of such relationship . Therefore some rights have been permitted by interpreting and amending the existing so that misconduct of such relationship that can be protected by the partners.
Section 16 of the Hindu Marriage Act, 1955 negotiate the legitimacy of a child born out of the void and voidable marriages and initiate their succession and property rights. It also negotiate the legal status of a married couple and it were also legally considered as void-ab-initio.
Therefore in 1978 judgement, live-in-relationship is valid for the first time because of the supreme court if the essential of marriage such as mental soundness, fulfilment of legal age, consent, etc. are all gratify, then such relationship is considered to be in a live-in-relationship and also considered as married if they live together for a significant long period until proven otherwise.
The first act to appreciate the non- marital adult heterosexual relations i.e., Domestic Violence Act, 2005. It was imposed as an attempt to protect women from brutal (physical, mental, verbal or economic) marital relationships. Therefore, as per section 2(f), is not only applies to a married couple, but also to the relationship is a nature of marriage. In view of all this even the supreme Court in some cases has applied live-in-relationship to be covered within the extent of the law specified.
Section 125 of Criminal Procedure Code, 1973 was consolidate in order to avoid migrancy and destitution for a wife/minor children/old age parents and the same has now been broaden by the judicial interpretation to partners of a live-in-relationship. A female can be live in living relationship for a sensible period of time, she ought to have the legitimate honour as that of a spouse and can claim maintenance under section 125 CrPC.
Illegality is different from eternal life. People may regard living relationship as unethical, but that is their own recognition which cannot be allowed to affect anyone else’s personal decision. In such relationships, the individual is free to live as they think best, subject only to the limitation that their actions and choices should not cause harm to others. In order to bring justice, women must be protected by the courts in similar way as from the paternal power that defines marriage, which covers these relationship too.
There is no proper legislation that directly dealt with living relationship. There must be separate legislation for living relationship which provides certain rights and responsibilities to such couples. Therefore, it protects the legal status of living partners, as there children born out of such a relationship and the other persons who may get affected. Not all the living relationship should be given legitimate status, it must be subject to proper recommendation and obligation.
Author: Prashanshu Sharma,
Lloyd college and 1st year/law student