History
A modern word may be a
Live-in relationship but the definition is old. We find
a description in the Vedas of eight kinds of marriages, one of which is the form
of Gandharva, in which a man and a woman mutually agree to marry. This does not
include either the couple's families or a formal ceremony to solemnize the
union. It is just a dedication to word-of-mouth. But it also falls under
marriage's purview. While the Gandharva vivaaha united a couple, the devotion
and obligation were similar to any of the other forms of marriages ordained in
the traditional texts.[1]
Live-in relationship legal or illegal in India
The legal status of live-in relationships in India has been evolved and
determined by the Supreme Court in its various judgments. However, there is no
separate legislation that lays down the provisions of live-in relationships and
provides legality to this concept. Though the concept of a live-in relationship
is considered immoral by society but is not illegal in the eyes of the law. The
Supreme Court states that living together is a right to life and therefore it
cannot be held illegal.
The court has also tried to improve the conditions of
the women and children borne out of live-in relationships by defining their
status under the Domestic Violence Act, 2005 if the relationship is proved to be
a
relationship like a marriage”.
In a recent case of May 5th, 2015, the Supreme
Court bench of Justices Vikramajit Sen and A M Sapre, dismissed a petition by
the petitioner 'Z’ who worked in the Bollywood and contended that the respondent
could not claim the status of a wife to be legally entitled to get maintenance
under the Hindu Marriage Act, 1955. The Court held that cohabitation of a couple
would give rise to the presumption of a valid marriage and if a live-in
relationship breaks down, the man is bound to pay maintenance to the women.[2]
Pros and cons of live-in relationship
Pros
Essentially, if we dive deep into what in particular is a live-in relationship,
we will become more acquainted with that it resembles a marriage Without all the
legalities and responsibilities. Furthermore, the main thing by this will be
that you will become more acquainted with your accomplice better, and at a lot
further level. Regularly, before you make things a stride further, couples
select a live-in relationship before they can get hitched to perceive what it
resembles. This is helpful so you can determine the fields wherein you can have
to work or whether you truly need to be hitched to your better half.
For many individuals, it is just the absolute delight of getting up ahead of
schedule close to each other, consistently being in the organization of each
other, and going to bed together. Some lean toward a live-in relationship since
they can't deal with the kind of devotion involved in a marriage. In such
circumstances, the couple finds that it serves them and their lives simpler to
live together without the guidelines. Should the relationship separate, they
certainly don't have any desire to chance getting made up for a lost time in a
terrible separation battle.
Cons
The extraordinary drawback of a live-in relationship is social restriction.
Society is finding it hard to kindly grasp such a relationship. It is viewed as
unsatisfactory, particularly by the more established age. Couples in this type
of organization are habitually bothered for their inclination by society. The
absence of commitment is another disadvantage. Any debate or battle may prompt a
separation, while a fight is constantly trailed by reasoning and goal in
marriage.
Quite a while into the relationship, because of the absence of individual space,
one of the accomplices may feel 'choked' in the relationship. Some may even
experience a feeling of dullness that makes the relationship endure and may
prompt a deplorable separation. [3]
Marriage v. Live in relationship
Some of the major differences when it comes to discussing live in relationship
vs marriage include:
Family Support:
This is one significant point of distinction between the two.
With regard to marriage, the conviction is that marriage happens between two
families. Be that as it may, with regards to a live-in relationship, it is just
between two individuals. Family upholds in the event of marriage are present
which is generally lacking in a live-in relationship. Particularly in India
families actually, disdain after living relationships.
Children:
Marriage is known to have social and legitimate advantages for kids.
Even though the youngster resulting from a live-in relationship is authentic, in
any case, the dad in this situation doesn't hold a commitment to help the kid.
Here, the mother is generally viewed as the legitimate watchman.
Commitment:
There are different examinations and articles on a live-in
relationship that show that individuals staying in a co-living relationship have
responsibility gives later on when contrasted with wedded couples. Analysts
accept that individuals who ordinarily have responsibility issues go into a
co-living relationship.
Health:
There are different explores which recommend that individuals who are
hitched have better mental and actual wellbeing in contrast with unmarried
couples which likewise includes live-in accomplices. There have been reports
where hitched couples show lower paces of ongoing sicknesses in contrast with
live in accomplices.[4]
Conclusion
Live-in relationships are rising and are gaining a lot of popularity in India.
Today, individuals in partnership situations are gradually respecting individual
decisions. There are some benefits and drawbacks to some kind of partnership. It
is just a matter of personal preferences to pick the form of relationship.
Summary
In today's world, there is a term called 'live-in relationship’ which is
trending these days which means cohabitation of an unmarried couple.
Live-in-relationships in our culture aren't new. The only difference is that now
people are more open as compared to previous times. In old times this thing was
known as
Maitri Karars,. This culture is growing rapidly as now a day’s people
think that living together to test (whether they are perfect for each other or
not) each other for some time is far better than taking divorce and separation.
Some people think that it is illegal which is untrue. Article 21 of the
constitution says that everyone has personnel liberty and freedom.
Indian
societies haven’t accepted this culture which is the biggest disadvantage.
Especially the old generation people because they think this is not good but
according to me, if we take this thing in a good way, living in a relationship
isn't that bad, it allows the couple to understand one another and their
preferences. The main thing is that it teaches how to live in a disciplined way
with your partner.
End-Notes:
-
https://www.dailyo.in/lifestyle/live-in-relationships-vedas-marriage-rape-prostitution-supreme-court/story/1/3361.html
- https://www.legallyindia.com/views/entry/right-of-maintenance-to-women-in-live-in-relationships#:~:text=Though%20the%20concept%20of%20live,it%20cannot%20be%20held%20illegal.
- https://youthincmag.com/live-relationship-pros-cons#:~:text=The%20very%20advantage%20of%20being,to%20satisfy%20their%20various%20needs.
- https://www.myadvo.in/blog/the-legal-status-of-live-in-relationships
Written By: Adarsh
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