Shalini Rajak, L.L.M (Criminal Law), Lovely Professional University, Phagwara, Punjab
ABSTRACT
Marriage has a different representation in different people’s minds in world, but in India for all, its sanctity is utmost, but now another situation has arisen, that is slowly replacing these images i.e. by a live-in couple relationships. Accordingly, India is a country emerging slowly with western ideas and lifestyles and thus concept of live-in relationships is also emerging in India. We can now easily witnessnumber of unmarried couples living together and their numbers are constantly scaling high. The personal laws however do not countenance live-in relation on the same footing of marriage, but under section 2(f) of Protection of Women from Domestic Violation act 2005 it is allowed as “marriagelike relation”. The personal laws are mainly against of this concept. In Hindu law, it condemns the relations outside marriage and declares marriage as a socio-religious institution, which is connected with so many religious obligations. And it is not permitted to make such relations which are immoral or against the social norms and there is no doubt that a Hindu marriage is a religious ceremony and theone prescribed to purification of the soul. And like this every other personal law has no provisions for live- in relationships acceptance. However, the judicial response to the live-in- relationships is somehowmakes it cloudy. It gives the presumption of marriage for the long durational live-in-relation unless anduntil it is proved contrary.
Even courts are also trying to take the live-in-relation under the presumption of marriage. Since there isno specific law that recognizes the status of the couples in live-in relationships, hence the law as to the status of children born to couples in live- in relationships is also not very clear. The need to ascertain thestatus of such children catches greater importance in the protection of child rights parameter and that should be the primary agenda of legislation. With respect to this, legal precedents have gone on to holdtremendous value in tackling the issues faced by children of live-in relations in identifying their positionin the socio-legal setup. Also, the status of women in such relation is controversial. The concept of live-in relationships has come out of the closet and even found partial recognition in law. Though the debaterages on in public forum with recommendations and opinions yet coming in from various authorities and Commissions to amend the existing laws, however, there have been no amendments to the existingpersonal laws. It is thus, necessary to examine whether or not, live-in relationships can find their place in personal laws in the country. The harm caused to a “legally wedded wife” and her children and promotion of bigamy are two main arguments opposed to legalization of live-in relationships in India. Therefore, it is submitted that any attempt to protect live-ins in personal laws must therefore address these two issues carefully.
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