Dealing with family is one of the most difficult challenges that modern Indian couples confront. It’s no surprise that most couples in India hide their relationships from their families. In this article, we will look at what a live in relationship is, what it means in India, how the Indian law defines it, and what legal requirements are in place.
Table of Contents
Overview
For a long time, Indian society resisted the concept of a live-in relationship. Previously, living together before tying the knot was considered an offence or crime in Indian culture. Above all, the Hindu Dharma regards ‘one man, one wife’ as the most sacred type of matrimony. However, as individuals begin to progress psychologically, subsequent generations are willing to embrace a few resisting practises.
Sharing a home Cohabitation, for example, is a circumstance in which two individuals choose to live together for a lengthy period of time or permanently while maintaining an emotionally and/or sexually committed relationship. The phrase is most commonly applied to unmarried couples.
Take, for example, the decriminalisation of homosexual cohabitation. Recent decisions, such as the decriminalisation of sections 377 and 497 of the IPC, demonstrate how Indian laws have developed alongside society.
In a live-in relationship, there is no need to adhere to stringent standards. Statistics show that 80% of Indians now accept the concept of live-in partnerships, with less than half choosing this style of life.
What is the meaning of a Live-in Relationship?
The concept of a live-in relationship evolved from the enlarged perspective of people who began to seek a no-strings-attached connection.
The basic line for a living relationship couple is that they cohabit with no expectations. In Indian law, however, there is no legal definition for the idea. It is a more westernised viewpoint with little relation to Indian tradition.
As a result, the Supreme Court has taken the liberty, on several occasions, to enlarge on the concept through its decisions. It is not the same as a marriage. (Marriage or marriage or matrimony, is a socially/ritually knowledgeable union of a couple). Live-in partners do not impose duties on each other.
There is no adequate explanation for whether a live-in relationship is good or terrible when asked. Looking at things from a different angle simply depends on the person and their personality.
People should believe that by living together, they may better understand each other and for a variety of other reasons that cannot be refuted. Marriage can be registered online.
What Does Indian Law Mean to Say?
In a traditional marriage, each partner is assigned certain rights and tasks that must be fulfilled by either of them. Personal laws such as Hindu laws, Muslim laws, Christian laws, and so on control and safeguard a recognised couple’s marriage tie. Because live-in relationships are an unfamiliar notion to Indian law, they have no legal ramifications for couples who live together without marrying one other.
Because living relationships encourage premarital sex, there is a significant likelihood of a kid being conceived. These offspring, unlike the children born out of wedlock, have no rights to the inheritance. Furthermore, they are treated as illegitimate children by society, which is unacceptable. However, the Supreme Court of India exonerated them of this heinous crime. And they were given the status of a legitimate kid, as well as the right to property.
Legally, live-in relationships were regarded void-ab-initio. However, the Supreme Court ruled in 1978 that such connections were lawful for the first time. If all of the requirements for marriage are met, such as mental soundness, the legal age of marriage, consent, and so on, the couple is regarded to be in a lawful live-in relationship. Until proven otherwise, the couple is also considered married if they have lived together for an extended period of time.
In the outstanding decision Indra Sarma Vs V.K.V.Sarma in 2013, the Supreme Court provided five alternative forms of living together. It also mentioned that such relationships are covered by Section 2(f) of the Protection of Women Against Domestic Violence Act of 2005, which provides more information on the subject. In living partnerships, parts of the relationship may come to an end regardless of the couple’s decision.
Legal Provisions for Women’s Protection in a Living Relationship:
Nowadays, couples desire to experiment with different ways of life. Because they are aware that the sense of understanding may differ, living in relationships has grown frequent. Though most Indian couples accept the concept, the patriarchal mindset has not been completely erased from society. On several occasions, the male spouse took women for granted and mistreated them. However, there was no chance for judicial recourse under Indian law. However, when cases of harassment and abuse became more common, the Supreme Court granted victims redress under the Domestic abuse Act. This act refers to a’relationship in the nature of marriage’ rather than marriage.
The right to maintenance is also a provision in existing personal laws that is only available to married women. However, because these laws do not apply to anything other than marriage, women in a live-in relationship cannot, under any circumstances, seek maintenance from the male spouse.
The courts later provided a remedy for this by broadening the extent of support under section 125. Criminalising any guy who does not offer sufficient upkeep to the lady is debatable under the Code of Criminal Procedure.
Legal Provisions for the Protection of Children Born in a Live-In Relationship:.
Children born from such a union suffer from mental damage. As the child grows, there may be custody or maintenance issues. The courts have ruled that such children are legitimate.
Furthermore, people have the right to property, both ancestral and self-purchased. Because there is no separate regulation for the upkeep of children born from such unions, the law decides to safeguard the children. Section 125 of the CrPC was born as a result. The section covers provisions for all children who do not have legal recourse. According to CARA’s regulations, couples living together in India are also not permitted to adopt a child.
Conclusion
Children born from such a union suffer from mental damage. As the child grows, there may be custody or maintenance issues. The courts have ruled that such children are legitimate.
Despite the fact that live-in relationships have become legal, they are nonetheless non-binding for the partners. It could be an advantage or drawback depending on the couple’s expectations. Accepting a practise like live-in is a significant step forward for society.