Live-in relations gain traction

NEW DELHI: With so many legal interpretations coming on marriage and legal stamp being put on live-in relationships, Indian society has come a long way. With a recent judgment by the Madras high court saying if in a prolonged relationship as partners, a man or woman cannot relieve themselves of its consequences and liabilities on the ground that it had not been registered or solemnized, the judiciary is now de facto moving towards a uniform civil code in place of personal laws governing marriages for long.
In fact, there have been various orders by the Supreme Court and the high courts across the country that have in the past taken a fairly progressive view of live-in relationships. Legal experts say though it is a positive step on part of the judiciary, the meaning of a live-in relationship should be understood with due caution. "The courts have been careful whenever they have interpreted live-in relationships. They do not talk about short-term arrangements but a longstanding commitment where the man and woman stay and share the same framework as that of marriage. The courts have time and again given clarity on that, and that for me is a fair amount of progressive view," said senior lawyer Pinky Anand.

A live-in relationship is an arrangement of living where the couples which are unmarried live together to conduct a long-going relationship similarly to marriage. In 2010, the SC in its landmark judgment had opined that a man and woman living together without marriage cannot be construed as an offence. "When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence," a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan said in S Khushboo's case.

Even before that, various high courts have maintained that living together is not a crime but a right to life. Many lawyers believe that a live-in relationship should not be considered illegal and a woman should get protection from law against any abuse from her partner even when she is in a live-in relationship and not married. It, however, should only be subject to two unmarried people who are in a live-in relationship.
"The courts are moving in the right direction, rather, towards a centre by coming out with a progressive view on the subject. Women rights are also human rights and she should be entitled to the relief. However, a live-in relationship between a woman and a man, who is already married is still illegal and rightly so. Bigamy is against the law," said noted lawyer Meenakshi Lekhi.

Source: http://to.ly/mdJk