It has been said that in our society and world so many changes occurs from which one of the most drastic change that recently happen in last few years is the living pattern of the society. In live-in relationship people won’t marry with each other but with mutual understanding. They live like a couple but they are not bound for everything. There is no restriction on them. For live-in relation there is no legal term in our constitution but it is legal. Some of the people in our society make a taboo of this according to them it is not good to be in together with the person whom you have not married and you are living with them. For the Society it is not a favorable way but from the aspect of new generation live-in is far better than marriage because from that they can knew there partner more better and they don’t have any responsibility and obligation.
LIVE-IN RELATION AND LAW OF INDIA
According to Article 21 says that right to life and personal liberty that says couple in live-in relation is legal in India. In India law has not given the rights and obligation to the society but the court has clarified this concept through various judgments. Through this judgment it is very clear that leaving together is not a crime anymore.
CASE LAW
Kumar Devi and Anr.V.State of U.P. and ors. ( WRIT-C NO. – 11108 OF 2020)
In this case law 2 people are living together from last 6 month but their parents are not ready and they are not happy with their relation. In this petitioner 1 parent is not happy and they used to pressurize her for marriage. Then petitioner took help from local police station to get protection from such harassment but the police have not taken the action. Then the petitioners file a writ petition in court to issue the writ of mandamus. Then the court said that the society took as immoral but it is legal to live together without marriage.
MAINTAINANCE OF CHILD IN LIVE-IN RELATIONSHIP
In live-in relationship they are not considered as together partner but if any child has born when they are in live-in relationship then they are directly considered to be a couple. In this if any child has born then he has right in the property like a normal child. If both the couple are not living together after the born of baby then also baby has complete right in the property.
CASE LAW
SPS BalaSubramanyam v. Sruttayan
TheSupreme Court held that if a woman and a man living under the same roof and living together for several years, it would be considered under Section 114 of the Indian Evidence Act that they live as husband and wife and the children born to them would not be strange. The court also recognized the legitimacy of children born in a civil relationship and interpreted the provisions in accordance with Article 39 (f) of the Indian Constitution which places a duty on the government to give children the opportunity to develop in a healthy way and protect their interests.
HOMOSEXUAL LIVE-IN RELATIONSHIP
In India homosexual marriage in not legal or we says that India don’t recognize same sex marriage. According to section 377 of Indian Panel Code, anyone who has voluntarily engages in physical violence against any male, female or animal shall be liable for imprisonment and penalty. The decriminalization of Section 377 of the IPC in 2018 was a landmark judgment, favoring the Indian LGBTQI community, but it’s been two years since and the law still doesn’t permit same-sex couples to marry.
In homosexual relation marriage is not legal but live-in is legal. According to Article 21 says that life to liberty through this article they have right to be in a live-in relationship. Homosexual relationship made under section 377 criminal and considered Trans sex as a third party simply because we opened up about such situations. One such situation that has never been a new problem is ‘social relations.’ Taking it as a public nuisance is not just acceptable to it. While the Supreme Court itself has made it clear that residential relationships are not a crime, we should also look into it.
Kanniammal (2010) 5SCC 600, the Supreme Court held that a living relationship comes under the right to life under Article 21 of the Constitution of India. The Court further stated that cohabitation relationships are lawful and the act of cohabitation cannot be considered illegal.
IMPACT OF LIVE-IN RELATIONSHIP IN SOCIETY
In India now the door is slowly opening up with western cultures and ideas and especially the idea of living inside. We see that people are gradually adopting the tendency or idea of living inside, but for a period or two it was a situation where living inside was said to be very bad for the Indians, but now it has begun to change and couples have begun to accept this practice. Some people but on the other hand some of them find it difficult because they are attacked by their family members and the community.
In a few places or situations, unmarried partners can share a path and gain some legal protection; and in some cases they are considered illegal immigrants. The all-encompassing point of living inside is that before they reach a decision to commit to a lifetime, they sit down together to see if they can work together or if they can deal with all the situations together and on the basis of the time they spend together coming to decisions. However, some couples may also stay.
MARRIAGE V. LIVE- IN RELATIONSHIP
Marriage is a relationship that is legal and socially accepted between couples. There is a public outcry with a complaint and satisfaction. However, cohabitation relationships are a relatively new phenomenon among young people that gives them the freedom to live with their partners without the pressure of organized marriages. Both of these socially constructed institutions of love and relationships have its advantages and disadvantages.
Living with someone before marriage is still considered an issue, especially in a man and a woman. It is in line with the concept of virginity, especially for women, which is considered to be broken, if she also has some kind of relationship with a man before her marriage. He is then regarded as unclean, which is a traditional concept but widely accepted. That is why social relations are highly criticized by society.
Contrary to this, half of the youth may disagree with the claims of the successive community. They feel that living together gives them a sense of freedom and a sense of belonging without the restrictions imposed by the institution of marriage. In a residential relationship, a person can leave or stay whenever they feel things are not going well.
PROS AND CONS OF LIVE- IN RELATIONSHIP
PROS
• Marriage is a critical decision for both partners and requires full commitment to the success of any relationship. People are prominent these days. A failed relationship always hurts. Separation is easy in a residential relationship.
• Live partners get enough time to get to know each other better and make an informed decision about getting married or getting divorced without expecting anything in return.
• There may be heartbreak in a social relationship but it is better than differences with certain stigma in society.
• The couple does not need to follow adult family counseling or submit to social pressure. They do not need to follow the customs of the community.
• Both partners are equal in terms of security and freedom. They both know that the door is open for them to leave. They therefore give space and respect to each other socially and financially.
• There are no issues of commitment like marriage.
• To assess compliance and what is happening, couples should consider taking professional life advice to maintain healthy relationships for the rest of their lives.
• You can find out how your other party lives, their habits, their expectations and their qualifications.
• You can also measure how you both deal with practical matters such as cooking, cleaning, housekeeping and sharing responsibilities.
CONS
• Residential relationships are still seen as boring, especially by older people. Often such couples are seen as social offenders, which mean they are beaten, criticized and often abused for their own free will.
• Lack of commitment: Anything from a small future, disagreement, or question placed in the wrong place can see one of the partners coming out of a relationship. In the absence of financial, social and legal obligations, the door is always open to couples.
• Women suffer the most: In our society, where patriarchal traditions dominate society, women are the ones who bear the brunt of burning out of meetings. It is difficult for them to find a good and understanding partner after being in a living relationship with someone.
CONCLUSION
Live-in relationship in India is a taboo but now so many people accept the live-in relationship. Through this people get to know about their partner when they live with them. There is a lot of pros and cons of these but in current situation if we see than this is good because from these you will be able to know all things about that and they are not bound for anything. In marriage they are bound for being together but in these we are not bound it’s completely depend on the partner.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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