Live-in relationships: India
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Live-in relationships
Live-in relations gain traction
Courts Progressive, But Careful While Defining Relationships
Smriti Singh TNN 2013/07/03
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.
Legal experts say 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.
Where others countries stand
SCOTLAND
Live-in relationships are legally recognized as cohabitation. The law takes into account not only the length and nature of a couple’s relationship but also their financial arrangements. If the relationship breaks down, either partner has the right to seek financial support from the other
CANADA
A live-in couple has the option to enter into a legal agreement concerning the ownership and division of property, obligations regarding financially supporting each other, and the education and moral training of their children, but not the custody of children
AUSTRALIA
The family law act recognizes a live-in arrangement as a “de facto” relationship when the two parties are not married or related by family but have been living together as a couple on a “genuine domestic basis”
FRANCE
A civil solidarity pact, commonly known as a PACS, is a form of between two adults (same-sex or oppositesex) for organizing their joint life. It brings rights and responsibilities, but less so than
'Neither a crime nor a sin': SC
Live-in or marriage-like relationship neither a crime nor a sin: Supreme Court
PTI [1]| Nov 28, 2013
NEW DELHI: Live-in relationship is neither a crime nor a sin, the Supreme Court has held while asking Parliament to frame law for protection of women in such relationship and children born out of it.
The apex court said, unfortunately, there is no express statutory provision to regulate live-in relationships upon termination as these relationships are not in the nature of marriage and not recognised in law.
In the landmark judgement, a bench headed by Justice K S Radhakrishnan framed guidelines for bringing live-in relationship within the expression 'relationship in the nature of marriage' for protection of women from Domestic Violence Act.
"Parliament has to ponder over these issues, bring in proper legislation or make a proper amendment of the act, so that women and the children, born out of such kinds of relationships be protected, though those types of relationship might not be a relationship in the nature of a marriage," the bench said.
"Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal," the bench said, adding that various countries have started recognising such relationship.
The apex court said a legislation is required as it is the woman who invariably suffer because of breakdown of such relationship.
"We cannot, however, lose sight of the fact that inequities do exist in such relationships and on breaking down such relationship, the woman invariably is the sufferer," it said, noting "Live-in relationship is a relationship which has not been socially accepted in India, unlike many other countries".
The bench, however, said that legislature cannot promote pre-marital sex and people may express their opinion, for and against.
"Such relationship, it may be noted, may endure for a long time and can result pattern of dependency and vulnerability, and increasing number of such relationships, calls for adequate and effective protection, especially to the woman and children born out of that live-in-relationship. Legislature, of course, cannot promote pre-marital sex, though, at times, such relationships are intensively personal and people may express their opinion, for and against," it said.
The bench, however, said that maintaining an adulterous relation would not come within the ambit of live-in relationship which is to be protected by law.
"Polygamy, that is a relationship or practice of having more than one wife or husband at the same time, or a relationship by way of a bigamous marriage that is marrying someone while already married to another and/or maintaining an adulterous relationship that is having voluntary sexual intercourse between a married person who is not one's husband or wife, cannot be said to be a relationship in the nature of marriage," it said.
See also
Age of consent Live-in relationships Premarital sex Rapes in India
