The Legal Picture of Live-In Relationship
Author: Rishika Vaishalik
Designation: Student, Galgotias University, Greater Noida.
Email ID: firstname.lastname@example.org
The concept of a live-in relationship in India has been considered unacceptable because parties live before marriage. Once they start living together, then he/she does not wish to live in a relationship and that relationship comes to an end. Hence, adults avoid these kinds of arrangements in today's scenario. In India, marriage is considered a social foundation to legalise the relationship between man and woman. But as people start to evolve mentally, future generations are ready to accept a few more practices which are considered wrong. Like the concept of decriminalisation of homosexual relationship section 377 and 497 of IPC and completely shows how much society have evolved in this time.
LIVE IN RELATIONSHIP AND CHILD BORN
Live in relationships conjointly support pre marital status sex, there are high possibilities of a baby being born. These youngsters born outside the matrimony don't possess any right over the inheritance. This is often the explanation why society treated them as illegitimate. However, the supreme court came to clear this sick treatment heavily.
CONSTITUTIONAL VALIDITY OF LIVE IN RELATIONSHIP
Although Indian courts have upheld the validity of such relationships with constitutional principles. The constitution of India had given certain fundamental rights and freedoms to the people. Under ‘‘Article 19 of the constitution of india states right to freedom of speech and expression and to reside and settle in any part of territory of india.’’Other than this, Article 21 of the constitution of india confers right to life to every person.
From this, any person wishes to live together with their partner of their choice and can establish a sexual relationship which is governed by the above rights and freedoms.
LEGAL PROVISIONS FOR PROTECTION OF WOMEN
But after the concept of live-in-relationship was legalized in India, Indians have a patriarchal mindset that has not disappeared from society. Women were taken for granted and abused by their male partner on various occasions. And they have no remedies in Indian law. Increasing harassment and violence against women, the Supreme Court has given the domestic violence relief not as marriage but rather as "relationship in the nature of marriage"
LEGAL PROVISIONS FOR PROTECTION OF CHILDREN
There are various times when children born outside the wedlock have a great impact on their mental health. They came up with custody issues or maintenance issues. Then the Indian courts decided to declare them as legitimate. In addition, they have rights in property and it can be either ancestral or self bought. There is no law regarding protection of children under such relationships. Thus, they evolved in section 125 of CrPC which includes provisions for all the children who cannot claim remedies in their laws.
JUDICIAL RESPONSE TO LIVE IN RELATIONSHIP
In the landmark judgement of S. Khushboo vs. Kanniammal (2010) SCC 600, the supreme court held that live-in relationship comes in article 21 of constitution of india. The court further added these kinds of relationships are permissible and cannot be considered illegal or unlawful.
In Indra Sarma vs. V.K Sarma (2013) 15 SCC , the supreme court held that live-in relationship is neither a crime or sin but it is socially unacceptable in our country. The decision to marry or not to marry or to have heterosexual relationship is intensely personal to the parties.