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LIVE-IN RELATIONSHIP
IN INDIA: Laws and
Challenges INTRODUCTION
Live-in relationship is an association where two people cohabit outside
marriage, and this concept is already accepted and legalised in many countries around the world. As per the Apex Court, for a man and a woman in love to live together is part of the right to life’; therefore, live-in relationship is not an offence. It is pertinent to mention that primarily it shed light on the term ‘wife’ and consider a women in a live- in relationship alike wife. Thereafter, the Protection of Women from Domestic Violence Act(PWDA)2005, which is regarded as the first piece of legislation provided legal recognition to relation outside marriage, by covering it under the ambit of relations ‘in the nature of marriage’. MARRIAGE AND LIVE IN
Since the Vedic Period, marriage in India has been considered as a
sacred bond. Marriage in India take place either following the personal law of the religion to which a party belongs or following the provisions of the Special Marriage Act. A Live-in relationship has not yet been socially accepted in India, unlike many other countries. Nevertheless, with steady societal advancement and far-reaching intricacies of marriage, people are opting for an alternative institutions like live-in relation to form a lasting conjugal relationship , which is like marriage but out of marriage. Essential Factors to mark Live- in relationship legal: A relationship ‘like marriage’ under the 2005 Act must consent to some essential criteria which were stated by the Supreme Court in D Patchaiammal v. D Velusamy and Indra Sharma V.K.V Sharma case. Women in such relationships need to fulfil specific criteria to be benefited under PWDA, such as: 1. Age 2. A significant period 3. The couple must have voluntarily cohabited. Who may live together without Marriage? The Supreme Court has illustrated five categories where the concept of live-in relationship can be considered and proved in the Court of Law. They are: 1. (a).Live- in relationship between unmarried woman and male 2. (b).Live-in relationship between an unmarried woman and married male 3. (c).Live-in relationship between married woman and unmarried male 4. (d).Live-in relationship between same sex partners. Issues and Challenges of Live-in relationship
Although, the live- in relationship has been legalised as many judgement
are in favour of it, yet even now there are many issues which need a pivotal discourse. Some are: 1. Societal and moral acceptance 2. Official documents 3. Cultural Issues 4. LGBT couples 5. Gender biased Conclusion
A live-in relationship might be an objectionable and new concept in
India, but it is bourgeoning all over . In this contemporary lifestyle, which is partially emerging due to rapid impact of globalisation, people are not ready to take responsibilities and indulge in a full time devoted relationship. Today, the society and other organisations have also joined the judiciary in facilitating the legitimisation of the concept of live- in relationship, as the country is slowly opening its door to western culture, ideas and lifestyle.