Live-in relationships should be encouraged
Group discussion >> Live-in relationships should be encouraged . Dr Ahmed and thanked him; he only told me to share the good news all over the world. Live in relationship is against the very grain of Indian culture. News Photos Just In Debate Topic Latest News Articles Local News Blog Posts. Legal aspects of live-in relationship in India. An increasing number of couples choose a live-in relationship, over marriage. . All medias, journals and newspapers are proclaiming only women's protection as if it is that only.
Living together is not an offence. The court said even Lord Krishna and Radha lived together according to mythology.
The apex court said there was no law which prohibits live-in relationship or pre-marital sex. The apex court made the observation while reserving its judgment on a special leave petiton filed by noted south Indian actress Khusboo. Living together is a right to life," the apex court said apparently referring to Article 21 which granted right to life and liberty as a Fundamental Right.
Live in relationship are not new for western countries but these days the concept is adjusting its roots in east also. Concept of Live-in relationship A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage.
The Court in its judgement in the mentioned ruled: Section 2 f states: Unfortunately this expression has not been defined in the Act.
Since there is no direct decision of this Court on the interpretation of this expression we think it necessary to interpret it because a large number of cases will be coming up before the Courts in our country on this point, and hence an authoritative decision is required.
In the words of Dhingra J.
Legal aspects of live-in relationship in India
There is offer and acceptance between parties to live in relationship so such relationship should be framed within ambit of law. We need special legal rules to deal with consequences of such relationship.
Reasons for live-in-relationship In this type of relationship, the couples get time to know each other without getting married.
This way they come to know each other better and the compatibility is observed. If the relationship works, the couple decides about the future. It is a good and healthy option for couples who don't wish to get married. This relationship has the liberty to get in and out of the relationship anytime if the couple is not happy with each other. One of the strong pros of a live in relationship is, the couple enjoys all the benefits similar to a married couple.
Live-in relationships now acceptable norm in society: SC | India News - Times of India
This type of relationship involves physical intimacy of the partners. It is a practice session before getting married. Through a live in relationship, you come to know the good and bad sides of your partner as you stay together whole day. This way, it becomes easy to decide if you both are meant for each other or not. The best aspect about live-in relationships is that it allows you to find out the compatibility ratio between you and your partner, without admitting yourself into the constitution of marriage.
Need of Special legislation on live-in-relationship
During the dating phase, most of the people have a tendency to downplay their bad side. In case you are not a good mix, it is better to part of ways. Live-in serves as the perfect rehearsal for a married life. You get to know whether the two of you have common interests and views on about religion, politics, sex and money. In most of the cases, sex dominates a person's judgment about marriage during the dating phase.
Many usually think about the how the two of them would be on the bed. However, this intoxicating passion should be limited. Life-long decision cannot be made on an impending sexual pleasure.
Live in relationship helps avoid this problem. It may also be because they are unable to legally marry, due to reasons such as same-sex, some interracial or interreligious marriages are not legal or permitted.
Other reasons include living as a way for polygamists or polyamorists to avoid breaking the law, or as a way to avoid the higher income taxes paid by some two-income married couples in the United Statesnegative effects on pension payments among older peopleor philosophical opposition to the institution of marriage that is, seeing little difference between the commitment to live together and the commitment to marriage.
Some individuals also may choose to cohabit because they see their relationships as being private and personal matters, and not to be controlled by political, religious, matriarchal or patriarchal institutions. It hence becomes extremely necessary to understand the legal position of such a relationship in India. Suruthayathe Supreme Court held that if a man and woman cohabitating under the same room for a number of years, there will be a presumption of marriage under Section of the Indian Evidence Act and the children born to them will be legitimate.
The court has formed a presumption of marriage on the basis of Section of the Evidence Act; the said section signifies the person upon whom the burden of proof regarding the sustainability of a fact that is being asserted is to be drawn. So, if the verdict of the court is to be accepted, if there is a long-term cohabitation between a man and a woman they will be presumed to be in a marital relationship. The conclusion drawn here israther absurd; to uphold a presumption of marriages in an arrangement which was in the first place made to avoid the presence of marital rights and duties is rather flawed.
In a recent ruling by the Supreme Court, which can be considered to be a landmark judgement over the issue of live-in relationship, a bench headed by Justice KS Radhakrishnan said that the ambit of the Protection of Women from Domestic Violence Act,recognized an unmarried couple in its ambit, but did not consider live-in relationships in general.
While the step taken by the apex court in the said judgement is surely laudable the court missed out on two very essential aspects of the said judgement. It is thereby imperative to say that a woman must be protected from domestic violence whether she is in an adulterous relationship, a live-in relationship or in a marital relationship but at the same time it is not logical to confer a presumption of marriage in a relationship which was an escape from such duties and obligations at the first place.
Hence, it is necessary for the legislatures to bring the much necessary changes in the Protection of Women from Domestic Violence Act, Also, now that the Supreme Court of the country has recognized the institution of live-in relationship formally it is necessary to make our legal conditions sustainable for such kind of relationships and hence it is necessary to legislate upon the issue of live-in relationship and provide logical and clear structure regarding the rights and duties of parties involved in such a relationship so as to not confuse such a relationship with marriage because the two are essentially different in nature and hence should be treated differently so as to protect the interest of both the parties in the relationship.