LIVE-IN RELATIONSHIP- REASONS AND LEGAL STATUS 

Live in relationship is that living together without marriage. There has been a substantial increase in number of couples choose a live-in relationship, over a marriage. India is a country of culture and tradition .A country which is still engulfed in its century old beliefs. Thus live-in relationship face social opprobrium and legal hurdles.

REASONS BEHIND LIVE-IN RELATIONSHIP.

There are many reasons such as they may not believe in marriage. Now a days people are little skeptical to get into a commitment. They can be independent .live-in relationship is more compatible. In case of marriage if there is misunderstanding between couples ,there are many formalities to dissolve (I .e ) divorce. Whereas in live-in relationship it is easier to get out of this.

LEGAL STATUS OF LIVE- IN RELATIONSHIP  IN INDIA

Live-in relationship in India is still considered as a sin. At the same time it is accepted by most of the people in big cities like Delhi ,Bangalore etc. In the landmark case of Khushboo vs Kanniammal the apex court had observed that if men and women have decided to live together as a couple ,it is their right to life and by no means can be deemed as a criminal offence. It is a part of right to life to away with some one you love –supreme court observed. Supreme court also held that live in relation is neither a crime nor a sin. The supreme court held that live-in relationships were now even recognized by the legislature and they found the place under the provision of the protection of women from domestic violence Act,2005.

 

LEGAL STATUS OF WOMEN IN LIVE-IN RELATIONSHIP

Protection of women from domestic violence Act 2005 recognize the right of women in live-in relationship so as to get maintenance and protection against abuse. In 2008 recommendation was given by the national commission for women in live-in relationship regarding the maintenance under section 125 of the criminal procedure code,1973,however recently it was observed that a divorce wife is treated as a wife in the context of section 125 of CrPC ,but the live-in partners cannot get the divorce ,and hence cannot claim maintenance under section 125 of CrPC. The apex court laid down that the children of the live in relationship couples may inherit the self acquired property ,but not the ancestral property.

The law commission of India in its 71st report ,1978  recommended for the amendment of Hindu Marriage Act 1955 and Special marriage Act 1954 for the divorce provision ,because it is also a cause to adopt live in relation by the people. Hindu marriage bill 2010 which is been introduced by the Rajya Sabha is still pending to simplify the divorce procedure and include the irretrievable break down of marriage as a ground for divorce. The Malimath committee report 2003 recommended for the amendment for section 125 of CrPC so as to include women in a live-in relationship to claim maintenance.

In India live-in relationship is still considered as the sin by many people, we give more importance to our traditions and customs. Marriage is considered to be a sacred one .Thus it is difficult to get recognition for live-in couples. It all depends upon the people to decide whether to be in live in relationship or not.

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