Marriage is a sacred or contractual relationship
in India. It is a union of two individuals as spouses and is recognized by
livable continuity. More particularly says that marriage, as its legal
consequences, entitles both the persons to cohabit; the children born out of a
legal wedlock have legitimacy as legal heir; the wife is entitled to
maintenance during and after the dissolution of marriage. It is a living
arrangement. It is “an arrangement of living under which the couples which are
unmarried live together to conduct a long-going relationship similarly as in
marriage"
WHAT IS LIVE IN RELATIONSHIP
In Indian society, marriage is still considered
as sacramental and eternal union and is a legally recognized union of a man and
a woman, which thereto raises rights and obligations between them. The ritual
of marriage is not merely a social contract but also establishes a bond of fate
which binds a family together and lays down grounds for the future generation.
The marriage aims at is that of spiritual union through the physical.
But with changing times, young generations in
Indian society is slowly materialised for western concern and life styles and
one of the most crucial episodes amongst it is the concept of live in
relationship. Live in relationship form a characteristics feature and style of
living of couples, especially those in metropolitan areas. With each passing
day number of unmarried couples living together is scaling high. Co habitation
or live in relationship in India is though not illegal but it is considered as
socially or morally improper.
A living arrangement in
which an unmarried couple lives together under the same roof in a long term
relationship that resembles a marriage is known as a live- in-relationship.
Live in relation which can also be referred to as cohabitation, in essence, is
an arrangement whereby two people agree to live together on a permanent or long
term basis in a sexually and/or emotionally intimate relationship. The Court
said that a man and a woman can live together as per their wish even without
getting married. It further said that it may be immoral for the society but is
not illegal.
There is no specific law on the subject of live in relationships in India. There is no legislation to define the rights and obligations of the parties to a live in relationships, the status of children born to such couples. In India, live in relationships have been a taboo right since the British raj. However, this is no longer entirely true amongst young couples in big cities like Bangalore, Mumbai, Delhi, etc. However, one can not deny that maintaining such relationships in most of the country’s rural areas would be nothing but to invite loads of unwanted attention, or may be even trouble.
Supreme Court of India observed that, if a man and a woman in love decide to live together as a couple, it is well within their right to life and by no means can be deemed a “criminal offence”. Supreme Court ruled that if an unmarried couple of opposite sexes live together for a prolonged period of time, they can be considered as man and wife. Also, their child, if any, would be legitimate. Supreme Court has held that long and continuous cohabitation of man and woman as a husband and wife may raise a rebuttable presumption of marriage. Facts can be used to rebut or weaken this presumption. The Courts have taken the view that where a man and a woman live together as husband and wife for a long term, the law will presume that they were legally married unless proved contrary. The concept of live in relationship was again recognized in the case of Tulsa v. Durghatiya. The Supreme court in the D. Velusamy v. D. Patchaiammal case made it clear that if the man has a live-in arrangement with a woman only for sexual reasons, neither partner can claim benefits of a legal marriage. In order to be eligible for palimony, a relationship must comply with certain conditions.
The conditions laid down
are that the couple must hold themselves out to society as being akin to
spouses; they must be of legal age to marry; they must be otherwise qualified
to enter into a legal marriage, including being unmarried; they must have
voluntarily cohabited for a significant period of time.
The Supreme Court,
in Indra Sarma case delivered on 26th
November 2013 says: “Live-in or marriage like relationship is neither a crime
nor a sin though socially unacceptable in this country.
The first one is a domestic relationship
between an adult male and an adult female, both unmarried. This is the most
uncomplicated sort of relationship.
The second one is a domestic relationship
between a married man and an adult unmarried woman, entered knowingly. This is
a problematic grey area. This one can lead to a conviction under Indian Penal
Code for the crime of adultery.
The third one is a domestic relationship
between an adult unmarried man and a married woman, entered knowingly. This is
also a problematic grey area.
The fourth one is a domestic relationship
between an unmarried adult female and a married male, entered unknowingly.
The fifth one is a domestic relationship
between two gay or lesbian partners.
Legitimacy and inheritance rights of child
Legitimacy of children born out of wedlock
presents a dilemma to the Indian Courts. Courts have been divided in this
endeavor. Child out of a prolonged relationship is deemed legitimate.
Thus inheritance rights have been granted to
children out of a live-in relationship, with respect to both ancestral and
self-acquired property. [Parayankandiyal Eravath Kanapravan Kalliani Amma vs
K.Devi 1996 SCC (4)76] Deeming a child legitimate for certain purposes and
illegitimate for other has raised questions of equality in the Courts. Courts,
in recent decisions have held that children out of wedlock will be legitimate
(for example, Uday Gupta vs Aysha and Anr).
Maintenance and custodial rights of children
As there are no specific laws with respect to
live-in relationships, Courts may decide these cases like marriage cases, if
they are brought before them. Under personal laws, father is given the first
right in case of a legitimate child, whereas mother is given the first
preference in case of illegitimate child. However, this position has been
overruled by the Supreme Court, and both, mother and father have been accorded
equal rights over the child. Custody will be decided on the basis of facts and
circumstances of each case. [Ms. Githa Hariharan & Anr vs Reserve Bank Of
India & Anr on 17 February, 1999]
Maintenance of woman
Abhijit Bhikaseth Auti v. State Of Maharashtra
and Others
In Varsha Kapoor vs UOI & Ors., the Delhi
High Court has held that female living in a relationship in the nature of
marriage has right to file complaint not only against husband or male partner,
but also against his relatives. In the case of Koppisetti Subbharao Subramaniam
vs. State of Andhra Pradesh, the defendant used to harass his live in partner
for dowry. In this case the Supreme Court held that the nomenclature ‘dowry’
does not have any magical charm written over it. It is just a label given to
demand of money in relation to a marital relationship. The Court rejected the
contention of the defendant that since he was not married to the complainant,
Section 498A did not apply to him. Thus, the Supreme Court took one more step
ahead and protected the woman in a live in relationship from harassment for
dowry.
Bharata Matha & Ors. vs. R. Vijaya
Renganathan & Ors., the Supreme Court of India has held that child born out
of a live-in relationship may be allowed to succeed inheritance in the property
of the parents, if any, but doesn't have any claim as against Hindu ancestral
coparcenary property.
Though the live in relations provide the
individuals individual freedom but due to the insecurity it carries it with,
there needs to be a law to curtail its disadvantages.
Official documents
In having joint accounts, insurance and visas,
and possibly in visitation rights to a hospital, it could be tough if the
couple is not legally married. International chess player Anuradha Beniwal was
peacefully living in with her partner with no objections from family. (She did
face veiled disapproval from some mothers who stopped sending their daughters
to her for chess tuitions.) But when her partner decided to take up a job offer
in London and she too was willing to move, they got married in a rush to avoid
visa troubles.
In a landmark judgment on 13 April 2015 by the
bench consisting of Justice MY Eqbal and Justice Amitava Roy, the Supreme Court
ruled out that couples living in live-in-relationships will be presumed legally
married.
The apex court also said that in case the man
dies, then his partner would inherit his property. Since 2010, the Supreme
Court has ruled in favour of women declaring that women should get the rights
as that of a wife, in case of live-in couples.
Courts and grant of validity to the live-in-relationships
In a petition between Payal Katara and
Superintendent of Nari Niketan, Agra, the Allahabad High Court on 4th March
2002 came up with a bold judgment by stating that anyone, man or woman, could
live together even without getting married if they wished. A similar step was
taken by the Apex Court on 15th January, 2008 when a Bench comprising Justices
Arijit Pasayat and P.Sathasivam leaned in favour of legitimising a live-in
couple as they had lived together for 30 years.
No comments:
Post a Comment