helps in understanding Live-in relationship in India and laws relating to live in couple

1. LIVE IN RELATIONSHIP IN INDIA-
CRITICAL ANALYSIS IN ETHICAL
CONTEXT
“Why Buy the Cow,
When You Can Get
the Milk for Free?”

2. INTRODUCTION…
• In recent time there is an increase in number of
people opting for living-in relationships
instead of tying up in the marriages.
• This trend is popular in western but now, the
same has been catching up by India mainly in
metropolitan areas.
• But it violates the institute of marriage by
lacking a true commitment.

3. Reasons behind Live in relation.
Economic advantages
• They can save money by sharing living
expenses.
• No financial complications involved unlike a
marriage.
Time together
• Due to hectic and stressful lives they have no
time or patience to deal with all the emotional
issues that a marriage entails

4. Reasons behind Live in relation.(cont…)
Less complicated dissolution
• If the relationship doesn’t work out, there is no
messy divorce which avoid loss of financial
benefits such as alimony& pension checks.
• There is no problem of surrendering rights or
obligations in a live-in relationship.

5. Law and Live-in-
Relationship in India:
• No legislation specifically deals on this subject, but the
laws are available in the form of court verdicts, which are
varies from case to case.
 The Hindu Marriage Act, 1955,
• It confers the legitimacy on child born out of ‘void’
and ‘voidable’ and establishes their succession and
property rights
• Is void and voidable marriage is equated with live-in-
relationship?

6. Law and Live-in-Relationship in
India (Cont…)
 Protection of Women from Domestic Violence Act,
2005
Protection to the aggrieved parties from any kind of atrocities faced
by the females living in ‘relationship in the nature of marriage.
 Mallimath Committee and Law Commission India
• If a woman has been in a live-in-relationship for a reasonable period,
she should enjoy the legal rights of the wife.
• Recommended the amendment of the definition of ‘wife’ under
Section 125 of the Cr.P.C so that a woman in live-in-relationship can
get the status of a wife so as to avail maintenance.
• But there is a lack of consistency in the recommendations of the
Committee.

7. Indian Judiciary and Live-in-
Relationship:
Indian judiciary is neither expressly
encouraging nor prohibiting such
kind of live-in-relationships in
India.
Tulsa v. Durghatiya (2008) 4 SCC
520
– the long term live in relationship
was recognized as equivalent to
marriage.

8. Indian Judiciary and Live-in-
Relationship(cont…)
 Abhijit Bhikaseth Auti VS State of Maharashtra and
Others Cr Writ Petition No.2218 2007
– the apex court also observed that it is not necessary for
woman to strictly establish the marriage to claim
maintenance under sec. 125 of Cr.P.C. A woman
living in live-in-relationship may also claim
maintenance under Sec.125 Cr.PC.
 Lata Singh VS. State of U.P. & Anr Writ Petition (crl.)
208 of 2004
– Live in relation between two adults without a formal
marriage cannot be construed as an offence & no statute
postulates it as illegal

9. Ethical Consequences…
Indian law and judicial system contributes in
allowing the couple to get in live in relationship
for some reasons but ignored the ethical
consequence has been hidden inside it.
It is a big question on institution of marriage
which consider as a sacrament and holy affair.
It is direct threat to our Indian cultural values and
traditions.

10. Ethical values in Marriage.
 Marriage is a very sacred affair
that stretches beyond one life-time
and may continue up to at least
seven lives.
 It connotes idea of permanence.
 Marriage is said to be a sacrament
because the marital relation are
created not on account of any
contract between the two but by
virtue of a gift of the girl by her
father to the groom.

11. Ethical values in Marriage
(Cont…)
The gift is holy and accompanied with the
religious ceremony of saptapadi.
In saptapadi the bride and the groom hold hands
and take seven steps together as they walk around
Agni, the God of fire and pledge to each other
their eternal friendship.
Marriage is a religious injunction intended to
fulfill religious duties and to achieve the higher
ends of life, namely, Dharma, Artha, Kama, and
Moksha.

12. Live in relation is a threat to
marriage
Live in relationship
threatens the very
foundation of husband and
wife and the cognition of
marriage that enjoys high
level of sanctity when it
comes especially to India.
It kept so many questions
that seeks the answer-

13. Questions that need to be
answered.
What will be the status of wife,
if a person who is in live in
relationship is already married,
if this is the situation can’t
directly endorse the unethical
practice of bigamy and propping
up adultery?
The status of the child born
under such relationship?

14. Status of the women ?
If the couple in live in relation are unmarried they
can get a bit consideration but if the person is
already married then can he seek to protect the
right of live in partner.
If so then can’t it promotes bigamy?
The position of the wife is disadvantageous in
such situation as court on the one hand is giving
all the rights of wife to live in female partner,
while on the other hand it prohibits bigamy.
Therefore, the right of legally wedded wife
remains at stake.

15. Status of the women? (cont…)
 This issues had arrived in the case of Payal Katara v.
Superintendent Nari Niketan Kandri Vihar Agra and
Others
 Marriages grant social recognition, but there is no proof
of live in relationship; a person can easily deny the fact of
live in relationship to evade liability.
 What will be the rights and liabilities of such partners
after separation or the death of one of the partner?
 No law of succession and maintenance that mentions the
stipulation protects the right of such live in couples.

16. Status of child
born in live in?
The Hindu Marriage Act, 1955 gives the status of
legitimacy to every child, irrespective of birth out
of a void, voidable marriage.
But, they don’t have property and maintenance
rights.
If the live in partners and the parents desire to get
out of the relationship, the future of the child
comes into question.

17. Social speculations...
Outside the legal arena, live in
relationship also faces the social
speculation.
If we look the Indian culture, due
respect has been given to the culture,
tradition and ethical values.
 Live in relationship does not find
consensus of majority and is accused
of tampering with the Indian culture of
values, morality and ethics.

18. Suggestion and recommendation
You can get strong commitment only on the basis
of marriage.
Legal Cohabitation Agreement:
There should be an agreement, the parties can
agree with respect to acquisition, disposition of
property upon separation, personal rights,
obligation of either party, control of property, etc.
There should be the law, which should keep a
check on the practice of evading bondages.

19. “The Bottom Line”
While allowing such bondage, we should ensure
that it does not impede upon the system of
marriage which still considers as a sacrament
affair of two lives, and which involves the moral
and ethical values and which has a legal status.

20. THANK YOU.
Mrs. Shilpa Rathod Mohile