- Abstract-
India is a country where Marriage is not just limited to the procedure of co-joining two inverse gender souls and their emotions into one thread rather it is considered a sacred and holy association that involves a consecrated position. In India to legally bind rechristen marriage as valid, there are certain rituals and ceremonies followed by people based on their caste or gotra completes in presence of all the relatives and society recognized the status of validity. However, as time passes the environment and atmosphere are being modified including lifestyle and trends. Ultimately, now the youngsters crave to get space and openness to sway their entire life more comfortably. The western culture of living in live-in-relationship went into trend and largely being accepted by a new generation. Haplessly, in an Indian society it doesn’t to be considered moral and ethical and many times it resulted in a criminal act. Although, this paper has tried to garner and focused on the legal and societal status of Live-in-relationship prominently in India also foregrounded the status of other countries.
- Keywords– Marriage, legal and societal status, Validity, society, Relationship.
- Introduction-
In a live-in-relationship, two unmarried couples live together before marriage to understand each other more so that the entire life can go easily without any troubles. ‘Relationship like marriage’ is the expression that the judiciary has taken up to rechristen the validity of the live-in-relationship concept. Generally, in western countries, it is overtly accepted but in India, it does not accede to the society at large. Nowadays, youngsters are heedful towards this kind of cohabitation so that the complications of married life can be avoided. Indian society has always rejected and stymied the concept of live-in-relationship.
Law and society are interdependent as the two sides of a coin one need each other. It is the nature of the law to modify and evolve according to the uprising need and values of the society. But, till now none of the personal laws statutes has considered live-in-relationship directly. In Hinduism during the first ashram chastity is encouraged and both men and women are traditionally expected to be virgins when they attained the status of marriage while under Islam sexual relationship before nikah is considered haram and there is brutal punishment for it too. So, it’s pretty much concise that there are no such rules and regulations which partisan live-in-relationship except judicial precedents in India.
From the tyro, there are many case laws which laid down the provisions of live-in-relationship in many cases the privy council in Dinham Vs Wilbraham laid down the principle that “Where a male and female are proved to have lived together as man and a wife, the law will presume unless the opposite is proved, that they were staying together in consequences of a valid marriage and not in a state of concubinage.” Payal Sharma Vs Superintendent Nari Niketan and 4 others Justice M. Katju and justice R.B. Mishra stated ‘In our opinion, a male and female without getting married can live together if they wish to.”
Delhi High court in the case of Alok Kumar Vs state observed that a live-in-relationship is not a stable relationship between both the partners it’s like a walk-in and walk-out relationship. Justice S.N. Dhingra noted there are no legal strings attached to this relationship nor does this relationship create any legal obligation between the partners.
Although in such kinds of relationships there are a plethora of chances of any criminal act against a particular gender. So the supreme court had already taken certain Initiatives particularly mentioned in their judgments to expunge such consequences.
In the landmark case of Velusamy Vs D. Patchaiammal (2010) (10) SCC 469[1] the apex court declared that { a} The couple must hold themselves out to society asking akin to the spouse. {b}They must be of legal age to marry. {c}They must be qualified to enter into any marriage. {d}If a man keeps a woman as a servant and maintains her financially and uses her as a sex model such a relationship would not be considered a bona fide marriage. Further, in the case of Chanmuniya Vs Virender Kumar Singh Kushwaha[2] the apex court held that if a man and woman living with each other without marriage the man would be liable for maintenance if she leaves him. Moreover, in a scenario relates to SPS Bala Subramanyam Vs Sruttayan[3] the court held that if a man and woman lived under one roof without marriage and borne to them, that child wouldn’t be considered illegitimate, the child would be treated as normal. Whereas, with regards to the ambit of article 21 which stands for the right to live highlighted in the case of Khusboo Vs Kanniammal the SC court held that Live-in-relationship comes within the ambit of article 21 right to live with dignity and respect is the basic fundamental right for all.
These are some of the cases where laws and challenges vis-à-vis to live-in-relationship are being discussed.
However, as per the judicial review live-in-relationship does not amount to a crime or any sinful act. If two genders are willing to live together to understand each other before marriage does not amount to any offense.[4]
1.1. Pros and Cons of Live-in-relationship–
Pros-Throwing spotlight on the pros of live-in-relationship as, there is no such mandatory to perform any rituals or ceremonies to be legally binding as a couple. Certainly, there is no disturbance of the third person in their life in comparison with life after marriage. The couples are mentally prepared to spare a myriad of time with each other to maintain transparency in their notions and emotions. There are many times when the relationship could not attain the step of success and hurts a lot but a breakup is quite easier in such kind of relationship as they impede to proceed with any legal formalities like divorce. In such a situation, either of the two just has to pack the bags and move out also there are no commitment responsibilities and obligations on each other shoulders.
Cons- Marriage is one of the imperative lifetime commitments with each other it won’t take in a wryly. Moreover, in a live-in-relationship, there is an edifice space for emotions and no place for logical thoughts. There are contingencies and unrealistic thoughts and dialogic which caused distance and disagreement between the couples. A live-in-relationship is not permanent the couples enjoy each other community and then move on whereas in arranged marriage they instigate to maintain the relationship on long-term bases. Humans are complex so are their relations. Nowadays, youngsters are so ambitious to gratify mental, physical, and emotional needs they beget many relationships. Live-in-relationship is still taboo in Indian society and many times their aggression is reflected through malefaction.
1.2. Impact of live-in-relationship on society–
India is a country where ethics and morality have been given utmost importance. The role of Sanskars plays a crucial role in Indian families. However, Time is changing and Indian societies are too broader in their thinking process and formalizing. Live-in-relationship is considered a sinful act as per the notions of society but many couples opt for this practice before marriage but there is still embarrassment and harassment from society. It would be quite impenetrable for society to abide live-in-relationship as a good practice. Another big issue is what if a baby is born out of this relationship would society accept that child normally, in such conditions small children are the worst part of it.
According to the Hindu Marriage Act, 1955 child borne out before marriage will be considered legitimate. However, the problem arises when both the couples get separated and no one is keen to take responsibility for the child. In the infamous case of SPS Bala Subramanyam Vs, Scruttyan the SC held that if a man and a woman are living together for a considerable period then according to section 114 of the Indian Evidence Act they are husband and wife, child borne will be a legitimate child. Ultimately, in India marriages have given an eclectic position and according to our culture and sentiments marriages are seen as an eternal union of two souls and live-in-relationship are unrighteous but we should realize that everyone in this world has the right to live as they want and wish and one has the right to restrict them. It is too true that people fear marriage at a young age itself just because of divorce and daily spat on frivolous issues and opt live-in-relationship as the better option to sway the entire life happily. India is a developing country and is always open to accepting the changes but as we say nothing really escapes without its drawbacks and hence there are some pros and cons of live-in-relationship too.[5]
1.3. Challenges faced by the couples-
In the prevailing condition, Live-in-relationship become a trend and on a large basis being accepted by couples, but still, now live-in-relationship is considered taboo with merits and demerits of it.
The problems being faced by the couples are assault, taunting, harassing, considering them criminals, and liable for spreading delinquency among youngsters for it.
The serious difficulties being faced by the women as if the relationship gets to ended and there is no hope of reunion in such conditions it would be strenuous for her to once again be fixed in a knot with someone else and this typical minded background might be the scenario invent where no man is ready to marry her because of her previous reminiscence. Apart from this, there are many times when financial burdens are avail. Even though the live-in-relationship is not committed to papers but to love and loyalty for each other.
- International view-
Live-in-relationship is not just trending within the limit of one country rather it is worldwide. Moreover, it is the influence of western countries over the Indian people.
{A} the United States of America-
Before 1970, Cohabitation was considered illegal in the U.S.A but there propounded various landmark judgments in the U.S.A which sparkle the status of live-in-relationship and it starts with ‘palimony’ that after separation either of the unmarried couples has to compensate each other.
{B}Canada-
In Canada, there are the same rights available to unmarried couples as married ones enjoy legal entity that they have lived together for a minimum of 12 months consecutively or have given birth/adopt a child.
{C}United kingdom-
In the United Kingdom there is no disparity quite fair neutrality with all genders including Transgender, LGBTQ community, Gay, Lesbians, and Bisexual, have the right to live together and the couples have the responsibility to raise the child whether they are married, unmarried, or separated.
{D}Islamic Countries-
Islam strictly prohibited practices like adultery, Cohabitation, and same Same-sex relationships. Countries like Pakistan, UAE, Afghanistan, and Saudi Arabia, follow the rules of Zina, and the commitment of either of the act resulted in brutal punishment.
{E} Australia-
In Australia, too unmarried couples have the same rights as married ones. This relationship is renamed de facto relationship under the family law act 1972 and is defined as the relationship between two people who are not legally married or related by family having regard to all the circumstances of their relationship lived together on a genuine domestic basis.
{F}France-
In France, cohabitation is legalized by the civil solidarity pact of ‘Pacte Common De solidarity which was passed by the French National assembly in October 1999. If a couple living together before marriage is considered a ‘true steady and persistent relationship’ reliable for various genders.
{G}Scotland-
In Scotland, live-in-relationship were recognized as legal under the family law of Scotland act 2006. Section 25{2} of the act says that a person can be said to be a cohabitant of someone depending upon – how long they live together, the Nature of the relationship, and the nature and extent of the financial terms.
{H} China-
In a totalitarian country like China, contracts are required to be signed by both parties relying on the terms and conditions of the agreement. Children bone out of wedlock are guaranteed equal rights similar to children borne out of married ones.
Different developed countries have legalized live-in-relationship within the ambit of their rules and provision. Alike in India too as per article 21 of the Indian constitution couples in live-in-relationship are lawful and legalized.
- Research Methodology-
The exploration work has been carried out on doctrinal research procedures. The research on the particular topic has been carried out by analyzing various sources sites and reviews. The different case laws, Judicial reviews, and judgment advent to mark out the status of such kinds of relationships in India with reference to other countries. Reference will be followed by the 20th Bluebook edition.
- Objective-
The objective of this research can be summoned up as follows-
{1} To study the legal status of live-in-partners in India.
{2} To study the broader aspect of live-in-relationship with reference to other countries.
{3} To examine the socio-lawful acknowledgment of live-in-relationship in India.
{4} To analyze the legal rights and duties of couples before marriage.
{5} To examine the plight of small children born out of such kind of wedlock.
- Literature Review-
An examination and research can contribute to something different result if it goes in the right direction. Keeping this point under consideration make present research progressively centered on the main topic. To forge it more eclectic and to the point, the data has been collected from various trustable sources websites and various Judicial pronouncements.
- Suggestion-
In the light of the research that had been conducted. The suggestion which could be unveiled is, that there must be separate statutes passed by the legislation particularly focused on Live-in-relationship and must contain punishments and remedies for fraudulent and cheating cases. There must be an existence of a contract between both the couples so that legality can be maintained and either of them can be asked for a remedy. Furthermore, there must be awareness among the youngsters about the right time to be as a couple and its ill effects. Now, no legal remedies or laws are being particularly jotted down to protect them from any vice consequences. It is only the judicial precedent under which they can seek remedies and protection.
- Conclusion-
Humans are such creatures that are being confused about themselves as they always crave changes but at the same time not ready to accept it overtly with an open arm. Although, In Indian society such a relationship is not considered as moral it against the traditions and customs, at the same pace such relationship exists in the society and are practiced too.
The Judiciary and Legislation have to work towards promulgate a different statute for such a relationship and are primarily focused on women’s safety, a definite age must be finalized for both the gender’s so that they can take a right decision for their life and to avoid trivialize issues, also a different status for child borne out of such cohabitation. Like, other developing countries India too concise in the ambiguities status of such liaison relationships in India for better settlement and speedy disposal of issues.
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Name- Vaishnavi. Sainee
College Name- Jagran Lakecity University.
[1] Velusamy Vs D.Patchaiammal (2010)(10)SCC469.
[2] Chanmuniya Vs. Virendrer Kumar Singh Kushwaha (2011)1SCC141 20
[3] SPS Bala Subramanyam Vs Scruttayan AIR 1992 SC 756.
[4] Live-in-relationship:evaluation and legal research, International Journal of advanced legal research, April 2021.
[5] Kalpana Devi, An evaluation study of live in relationship in India :Human right perspective, Indian journal of law and legal research.