LITTLE THINGS

Marriage VS  Live in Relationship

Today we are living in the 21st century, going towards the statistical data marriage rates are decreasing and divorce rates are increasing.Taking to one of My advocate friend about the root cause of Divorce I came with the conclusion that

The most cause of the divorce is no understanding between the couples and differences in nature, lack of comp ability the root cause to which is limited period between courtship period(engagement) and marriage or early marriages of the child.

I know it is very difficult to make the people of age more than 45 years ( Parents) as the have already adopted the ritual of early marriage and settlement of the happy life.

Live-in Relationship is a new concept for people in India. The changing attitude and trend have become the main aspect of society. Taking into consideration the issues of Divorce the Honorable court has taken this topic more seriously.

In-country like India, marriages are giving more preference, the bonding between Husband and wife, the two humans. The type of relationship is found in Urban cities like Mumbai, Kolkata and Delhi wherein rural and semi-urban areas have still not adopted the same.

The cohabitation of two opposite gender is since the British Period. The concept of live-in relationship is found just 2% in India over a crowd of billion people, as the society has adopted the values and norms of Marriage and also fear to the image of the girl in society as many victims are of Young girls due to the Lust wherein in the life is destroyed due to false belief of getting married in future.

The very sensitive issues have occurred which have to be taken into consideration

As the law has been playing a vital role in social change.

 As the living patterns in the society are changing, the law has to respond properly keeping in view the societal and constitutional values in its mind.

 In recent times the Indian judiciary had played a vital role in showing a right path for the progress of the society. We have tried in this paper, to look into the trend of Indian judiciary about live-in-relationship, the decision of the apex court is considered as the law of the land under the Indian Constitution, the decisions are to be followed and respected.

The society expects the stand from the judiciary. 

While talking to one of my friend about the same, he said that good family people won’t do this.

I do agree but what about the break of marriage the same is also not done by good family people too.

Why don’t we see both sides of the coin.

The main idea, according to some, of cohabiting  a live-in-relationship is that the interested couple wanted to test their compatibility for each other before going for some commitment and also the fear of break up of a marriage is reduced in both.

Our legal system is neither encouraging and nor prohibiting the thought of such a relationship. The Judiciary wants to make the things smooth keeping in mind the norms and constitutional values in mind.

To deal with such situation the concept of Common Law was enacted in 2005. 

Protection of Rights Of Female Partner In Live In Relationships:

The rights of the female partner in live-in a relationship is to be secure, credited to the recent statutes and recommendation by the committees.

Courts also display & protect the rights of the female partner in such a relationship as exhibited by judgments given in the number of cases.

The statues like Protection of Women from Domestic Violence Act, 2005 protects both in the categories of wife i.e. relationship by marriage and live-in partner.

Case Study

In Madan Mohan Singh v. Rajni Kant, the Court held that, the live-in relationship if continued for a long time, cannot be termed as a “walk-in and walk-out” relationship and that there is a presumption of marriage between the parties. By this approach of the Court, it can be inferred that the Court is in favor of treating long-term living relationships as a marriage rather than giving making it a new concept like a live-in relationship.

 In Radhika vs State of M.P.   the apex court observed that a man and woman are involved in live-in-relationship for a long period, they will be treated as a married couple and their child would be called legitimate.

What does the Law say on it ???

A relationship like marriage under the 2005 Act must consent to some basic criteria. It provides that the couple must be of legal age to marry or should be qualified to enter into a legal marriage. It was also stated that the couple must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period. Every kind of live-in relationships should not be covered under the Act of 2005. Simply spending a week together or a one night stand would not make it a household relationship. It additionally held that if a man has a “keep” whom he maintains financially and uses principally for sexual reasons or potentially as a slave then it would not be considered, as a relationship like marriage.

CONCLUSION

From above discussion, I conclude that there is an urgent need of legal provision on live-in the relationship which demonstrates clear cut picture keeping in mind the present Indian social context which stands on the foundation of tradition and culture.

Live-in relationships should be granted legal status but only after a considerable period of cohabitation protecting rights of partners and child born out of such relationship. In my opinion live in the relationship among urban, educated, upper middle-class young people began as a declaration of independence, as a way of keeping away from the problems of marriage. It’s a willful rejection of the institution of marriage.

So according to me the rights of life-in couples should be legally recognized while ensuring that it does not impede upon the system of marriage.

Live-in relationship isn't wrong, living with the wrong and getting divorced is what is wrong.