Tuesday, August 18, 2015
Live-in Relationship: What does it mean in India?
Are you secretly live-in relationship with your lady love? But unduly worrying about its legality? Don't worry. Recently, while discussing about the criminal defamation law involving a high profile political personality who is live-in relationship, the Supreme Court of India has categorically ruled in his favor.
Some of you already live-in relationship may heave a sigh of relief; some of you may even be worrying about the uncertainty involved in it; or some of you may be perhaps thinking over how to get out of it; or some of you may be worrying about your future and your children.
Live-in relationship is nothing but the living together or cohabitation between an unmarried man and an unmarried woman that arose purely out of love and affection towards each other, but in total oblivion of the society they are living in. The partners of the live-in relationship do not believe in the system of marriage, family and religion etc and they are predominantly motivated by sex to have such live-in relationship.
From the rulings of the Supreme Court of India given in 2006, 2013 and in 2015 in favor of the Live-in relationship, it has the following general characteristics:-
1)If a man and a woman has been in live-in relationship for a reasonable period of time, presumption as to their marriage can be arrived at.
2)If a person of a live -in relationship dies, his or her partner and the child born out of live in relationship is entitled to inherit her or his partner's property.
3)The child born out of live in relationship are legal and they are entitled to inherit the property of their parents.
4)The onus lies on the person who disputes the live-in relationship between any two persons who become life partners.
5)The live-in relationship between the partners can be ascertained by virtue of their residence, its’ up keeping or maintenance, the employment of a partner, the opening of a single or joint bank account, the process involved in educating their children etc.
However, unlike Canada that stipulates one year to establish live - in relationship, in India, it varies and depends upon the circumstances of each case.
Despite the legal sanction accorded by the Supreme Court of India, the caste ridden, multi religious Indian society does not approve live –in relationships. The Indian parliament has so far not enacted any act to regulate the live-in relationship, the reason being that it is largely based on individual perception and lacking in popular support. Above all, the well knit Indian society has a number of personal laws such as Hindu Marriage Act, Muslim law, Christian Marriage Act, Divorce Act etc, to regulate the system of their marriage and family. The live-in relationship is the blunt negation of the entire system of existing family laws and the tradition that is being followed.
Against the predominantly caste driven Indian society supported by various laws, the live-in relationship not supported by any codified law in their favor can sustain in the society only by way of using their long and continued relationship as a shield but not as a sword. Besides, the live-in relationship for not towing the line of the regular society earns only the wrath and disrespect from other members of the organized society. Unlike a regular marriage in the society, the live-in relationship does not get any recognition and so virtually gets isolated. In the absence of any marriage, you have no scope to get your presumed marriage registered and hence you lose several other benefits enjoyed by the society. The caste ridden society enjoying a religious sanction always looks at the live-in relationship with askance. Besides, since the society always looks at the live- in relationship with suspicion and disrespect, it is not even easy to hire a flat for rent to live with. Though the Supreme Court has given a sanction for inheritance of the properties of their parents for the children born out of live-in relationship, still there exists the danger of being coined as illegitimate by the society.
Live-in relationship also has its own advantages too. If two unmarried man and woman decides to live together, the next moment they can do so easily without unduly worrying about the formalities of forming a relationship, which is quite tough in the caste ridden, religiously driven society. Though parting is painful, it is not so in the live-in relationship at least initially. The partners at will can get delinked from their relationship at any time, without involving any cumbersome procedure. However, once a partner walks out of the actual relationship, the trouble brews. In the absence of any documentary evidence, unless established through a joint bank account or any movable or immovable property has been jointly purchased in the course of live-in relationship, the onus lies on you to prove that there was a live-in relationship between you and your partner.
Live-in relationship being very difficult to carry on are only very few and sporadic among those who are disillusioned and disgruntled with the caste ridden Indian society and those who crave for more freedom coupled with social and economic liberties.
Monday, July 1, 2013
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