Author: Yashi Srivastava, BA.LLB.(Hons.), Semester – VII, S.S.Khanna Girl’s Degree College
Abstract
The debate between live-in relationships and the institution of marriage has gained significant attention in recent years, reflecting shifting social, cultural, and legal perspectives. Live-in relationships is a cohabitation without formal legal recognition which offer flexibility to the partners, autonomy, and freedom from traditional societal norms. In contrast, marriage remains a formal institution rooted in legal, religious, and social frameworks, providing legal rights, obligations, and recognition. Both these arrangements have their implications on personal freedom, societal acceptance, emotional bonding, legal consequences, and the impact on family structures. There is a growing trend towards cohabitation in modern societies. The challenges it faces in terms of legal protection and social stability, and how both concepts are redefined in contemporary contexts. Ultimately, the comparison raises critical questions about the evolving nature of commitment, individual rights, and the role of societal institutions in shaping personal relationships.
Introduction
Live in relationship or cohabitation is a arrangement in which two people get involved in a romantic and sexual relationship as partners permanently without marriage .Whereas marriage Is a ceremonial process of union of two persons which is legally enforceable .
The main function of marriage is to ensure the rights of the partners with respect to each other and to ensure the rights and define the relationships of children born. The offspring of the marriage has been conferred with legitimate status , which entitled him or her to the various privileges set down by the traditions of that community like the right of inheritance.
On the other hand live in relationship defy these functions.
Live in relationship in pre civilization.
In pre- civilization human was not aware of the institution of marriage .A man and women came together to create offspring .They just lived together without getting married. He was not bound and free to move any where. When the human’s intellectual and reasoning capacity grew they understood the need to stay with the family and thus ,the institution of marriage came into place.
Live in relationship takes man back in the time of pre civilization.
Ancient Hindu marriage
The Hindus considered marriage as a sacrament .The purpose of marriage is Dharma ,praja ,rati. The marriage is done in the presence of fire (Agni , most sacred God) and by a priest .The saptapadi and kanyadan were performed and the union was considered indissoluble. The Hindu marriage Act of 1955 recognizes different ways and ceremonies essential for the completion of marriage.
Out of the ancient Hindu marriage ,Gandharva vivah was a type which resembles modern live in relationships . Gandharva vivah was based on consensual acceptance between two people ,with no rituals , witnesses or consent of family involved . It was prevalent during the Rig Veda period choice and freedom of speech were the utmost importance. In this the partner could start living together if they find each other suitable without the need of anyone’s else consent. They are not bound by the ceremony and rituals.
This concept of live-in relationship is not new in India .In ancient times it was known as maitri-karar. It was a written agreement which was made between the two opposite sex that they would live together as friends and look after each other.
Live in relationship in contemporary world
With change in society ,the institution of marriage does not hold as strong a grip over humankind as it once did. Across the world, we find the emergence of new and varied forms of relationships . Which have different compositions, functions, and durations. Among the most popular ones is the live-in relationship. The legal definition of a live-in relationship is still unconfirmed, as there is no legal definition of the same in prevalence.
In today’s fast moving world people require their mental peace and they prefer their own selfish motives and interest. They do not consider other people’s opinion regarding them . Thus ,with the new types of relationships comes new types of problems ,law and crimes.
Live in relationship in India
In India there is no law specifically addressing live-in relationships, but the Indian judiciary has developed jurisprudence over years through a series of judgements which are known as .
Case: Badri Prasad v. Dy.Director of Consolidation .
Issue: Whether two couples who are living together for a long period of time can be considered as a valid marriage?
Facts : In this case, a man and women stayed together as married couple for 50 years. An adventurist in this particular case had challenged to the factum of the marriage between the couples who has stayed together for a period of 50 years by filing a special leave petition which have been proved negative in High court.
Held : A strong presumption arises in favor of wedlock where the partners have lived for a long time together as husband and wife.
Live in relationship finds legalization by the constitution of India in Article 19 (a) and Article 21 which right to freedom of speech and expression and protection of right to life and personal liberty are described respectively .In 1978, the Supreme Court in Badri Prasad Vs Board of Consolidators held that there is a strong presumption in favor of wed-lock where the partners have lived together for a long spell as husband and wife. The presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its legal origin.
In 2010, the SC in S. Khushboo Vs Kanniammal & Another held the that “A live-in relationship between two consenting adults of heterogenic sex does not amount to any offense , even though it may be perceived as immoral”. Though the society may differ to believe this and amount it to adultery but the law does not view it in such perspective.
Live in relationship And Crimes
As some thinkers say there is absence of commitment in Live in relationships as compared to marriage. The partners can easily move out of the relationship if they feel so which is not the case in marriage . There is a sense of fear and insecurity involved with the couples of live in. Thus they tend to indulge in crime.
The Shraddha Walkar murder case came to limelight. The live in partner of Shraddha Walkar named Aaftab Poonawala ,28 years old, chopped up 26-year-old Shraddha’s body into 35 pieces and kept those in a refrigerator for weeks. He did this at his residence in south Delhi’s Mehrauli before disposing of the parts across the city over several days.
He later accepted his crime and helped the police to find the body parts which he had disposed in the forest .Delhi Police said at Aaftab has confessed to police that he killed Shraddha because she wanted to leave him because of the torture and physical abuse.
This case shook the entire nation and made people question the live in relationships. But the living together without marriage has nothing to do with the murder of a person. We come across several cases in our day to day life when a women in marriage is murdered by her ‘in – laws’ and her husband for things like dowry ,money ,honor and jealousy.
Marriage also has many kinds of crimes like dowry death , adultery , polygamy, domestic violence ,rape etc. .
Live in rural areas
In cities the trend of living together is achieving progress but the Village are untouched by it. Thus the few cases found are brutally demeaned . The villagers feel it their humiliation if a person of their family stays in cohabitation with their partner. On the other hand both the cities and villages wholeheartedly welcome marriage.
There are many instances in which the couple living together were subject to mob lynching. The are even punished and the not allowed to have any kind of transportation with the villagers. They are even abstained from entering the village.
Though the couples have full right in the view of law the people judge it otherwise. The people are ashamed of public humiliation and they obstruct their rights to have choice of their partner.
FREQUENTLY ASKED QUESTIONS
Is live in relationships punishable in India?
No ,live in relationship without marriage or tying knot is not illegal or criminal offences in India .
What is the benefit of purpose of live in relationships?
The live in relationships allows couples to live together without actually forming an institution of marriage.
Are there any laws which govern the live in relationships in India?
There is no specific law which govern the live in relationships in India but the supreme court has recognized the relationship as similar to marriage.
Conclusion
Both marriage and live in relationship are part and institutions of society. They serves as the mirror to our societal norms. Non of them can be considered good or bad as they have both the attributes.
On one hand marriage is an age old practice which since followed throughout the years have become the custom or tradition. On the other hand in a live-in relationship a couple lives like husband and wife, getting involved physically without performing the ceremonies of the marriage. It is very wrong to say that live in relationship or marriage is the root cause of a certain crime . Live in relationships and institution of marriage are both unique in themselves .
Talking about India where morality plays a very important role and premarital sex is considered a taboo ,the live in relationship does not find any constitutional support and there are no provision regarding the same. As living together may have different point of view and may differ from person to person . This is the reason why legislative body in India is hesitating to make any laws on this matter.
Making laws on this matter will help the couples to secure and live their lives freely.
