Is Live-In Relationship A Myth ?

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Shriya Kataria
Mar 17, 2019   •  149 views

India has witnessed a drastic change in the way the present generation perceive their relationships. The change in mindset is mostly due to globalisation, modernization, privacy rights, freedom and advanced education. All these factors have led to the establishment of 'live-in relationship', which provide the couples an opportunity to know each other better before entering into a life long commitment. The continuous cohabitation excludes any kind of responsibilities and obligations towards each other. It is a way to understand whether both of them are compatible with each other and also, there is no law which binds them together for lifetime, they are you free to move out of their relationship.

Different countries have distinct perceptions about live-in relationships. In western countries there is a broader understanding of the idea of a live-in relationship, which is evident in their legal recognition of prenuptial agreements, civil and domestic union of couples etc. However, it is not the same in India as such relationships are still considered beyond the pale by our society. In India, Supreme court had held that for a man and a woman who are in love and are living together, is a part of the 'right to life' and not a “criminal offence”. Therefore, live-in relationships are legal in India. The apex court had also declared that if a man and a woman “lived like husband and wife” in a long-term relationship and even had children, the court would presume that the two were married and same laws would be applicable. And even the child born out of such a relationship is not illegitimate, as the mother will be the legal guardian of the child. The Domestic Violence Act 2005 included within its purview live-in relationships under which a man and woman in a “ relationship in nature of marriage” can go to court if abused.In a recent case, the supreme court declared that an adult couple has a right to live together without marriage, while asserting that a 20-year-old Kerala woman, whose marriage had been annulled, could choose whom she wanted to live with and judges had also clarified that a court cannot interfere in the marriage of two consenting adult and cannot annul the marriage. The court held that the girl is free to live with the boy or marry him later when he attains the marriageable age. It also noted that both are in a live-in relationship and are practically living as husband and wife, though not legally wedded.

Live-in relationship ain't that bad as the society claims it to be, as marriage is a sacrosanct bond and if any issues emerge, it becomes both emotionally and legally very difficult to deal with it. That is why, in this culture of 'love at first sight', live-ins have somehow become important. It is a thing of great courage on the part of those couples, who stay in 'live-in relationship', in a society where people are secluded or even murdered for performing exogamy.But if taken positively, we can see that our society has recognised the rights of LGBTQ community, so there is a leap of hope that soon people will accept the concept of live-in relationships.

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