Author: Bhanu Chandra Jyothi. Kurma, Sri Padmavathi Mahila Visvavidhyalayam
TO THE POINT
Live-in-relationship is a western culture which was adopted in india. In live-in-relationship where couples live together for years before marriage and they will not be treated as couples and women in live-in-relationship when women were subjected to cruelty, she cannot claim any judicial remedy and she will not have any rights as like a wife and when the relationship was registered, she will have benefits like wife and the relationship will be treated as legal. Registration of live-in-relationship is possible when Uniform Civil Code was applicable to the nation or state.
USE OF LEGAL JARGON
Constitutional Provisions
1. Article 21 of the Constitution of India: Protects the right to life and personal liberty, which includes the right to choose one’s partner and live with them.
2. Article 14 of the Constitution of India: Ensures equality before the law and prohibits discrimination on grounds of sex, caste, or religion.
Legal Recognition
1. Domestic Violence Act, 2005: Recognizes live-in relationships and provides protection to women in such relationships from domestic violence.
2. Protection of Women from Domestic Violence Act, 2005: Defines “domestic relationship” to include live-in relationships.
3. Section 2(f) of the Hindu Marriage Act, 1955: Defines “wife” to include a woman living with a man as his wife.
Property Rights
1. Section 27 of the Hindu Marriage Act, 1955: Deals with property rights of spouses, including those in live-in relationships.
2. Section 125 of the Code of Criminal Procedure, 1973: Provides for maintenance to a woman in a live-in relationship.
Inheritance Rights
1. Section 15 of the Hindu Succession Act, 1956: Deals with inheritance rights of children born out of live-in relationships.
2. Section 16 of the Hindu Succession Act, 1956: Provides for inheritance rights of women in live-in relationships.
Other Key Terms
1. Cohabitation: Living together as partners without being married.
2. Marital Status: The legal status of being married or unmarried.
3. Palimony: Financial support paid by one partner to the other in a live-in relationship.
TO THE PROOF
Documentary Evidence
1. Joint Bank Account Statements: Showing joint financial transactions and management of finances.
2. Rent Agreements: Demonstrating co-habitation and shared living expenses.
3. Utility Bills: Showing joint responsibility for household expenses, such as electricity, water, and gas.
4. Passport and Visa Documents: Indicating co-travel and shared residence.
Witness Statements
1. Neighbour Statements: Confirming co-habitation and observing the couple’s interactions.
2. Friend and Family Statements: Providing insight into the couple’s relationship dynamics and shared life.
3. Colleague Statements: Supporting the couple’s joint financial management and shared responsibilities.
Photographic and Video Evidence
1. Photos of the Couple: Showing them together in various settings, such as social events, vacations, and daily life.
2. Videos of the Couple: Capturing their interactions, conversations, and shared activities.
Other Evidence
1. Gift Deeds: Showing joint ownership or transfer of property.
2. Insurance Policies: Listing each other as beneficiaries or dependents.
3. Medical Records: Indicating joint medical decisions or shared health responsibilities.
4. Social Media Posts: Demonstrating the couple’s public display of affection and shared life.
Court Judgments and Orders
1. Domestic Violence Act Orders: Recognizing the live-in relationship and providing protection.
2. Maintenance Orders: Awarding financial support to one partner.
3. Property Dispute Judgments: Resolving disputes over jointly owned property.
ABSTRACT
In India male and female was treated as couple only after the marriage. Live-in-relationship is western culture youth of India adopted it. In live-in-relationship male and female will live together without marriage they live like wife and husband without the marriage. The Government of Uttarakhand took a step forward and applied the Uniform Civil Code Bill and in reflection to that it made compulsory for live-in-relationship. In India live-in-relationship is not illegal and Supreme court of India in a case stated that every can choose their life partner on their wish. If live-in-relationship is not registered then women will not have any benefits like judicial remedy. Without registration couple was allowed to live together, but for their separation there is no need of any judiciary and women can’t claim any kind of maintenance during the separation and even if women were subjected to cruelty, she cannot seek any judicial remedy as like wife.
When the live-in-relationship is registered the male and female will be treated as a couple and women will be entitled for judicial remedies and she can claim maintenance during the separation and their separation will be done legally. If women were subjected to cruelty, then she files case against the person can claim justice as like of wife. If the live-in was not registered then they are said to be illegal and it is considered as a crime.
CASE LAWS
Supreme Court Cases
1. S. Khushboo v. Kanniammal and Anr. (2010): The Supreme Court held that a live-in relationship is not illegal and that it is the right of an individual to choose their partner.
2. Lata Singh v. State of U.P. and Ors. (2006): The Supreme Court ruled that a live-in relationship between two adults is not a crime and that the state cannot interfere in their personal lives.
3. D. Velusamy v. D. Patchaiammal (2010): The Supreme Court held that a live-in relationship can be considered a valid marriage under the Hindu Marriage Act, 1955, if the couple has cohabited for a significant period.
High Court Cases
1. Payal Katara v. Superintendent, Nari Niketan and Ors. (2001): The Delhi High Court ruled that a live-in relationship is not a valid marriage, but the couple can still claim maintenance under the Protection of Women from Domestic Violence Act, 2005.
2. Alok Kumar v. State and Ors. (2010): The Allahabad High Court held that a live-in relationship can be considered a valid marriage under the Muslim Personal Law (Shariat) Application Act, 1937.
3. H. Sivasankaran v. T.S. Saraswathi and Anr. (2011): The Madras High Court ruled that a live-in relationship can be considered a valid marriage under the Hindu Marriage Act, 1955, if the couple has cohabited for a significant period.
Other Notable Cases
1. Badri Prasad v. Dy. Director of Consolidation and Ors. (1978): The Supreme Court held that a live-in relationship can be considered a valid marriage under the Hindu Marriage Act, 1955, if the couple has cohabited for a significant period.
2. Tulsa v. Durghatiya (2008): The Supreme Court ruled that a live-in relationship can be considered a valid marriage under the Hindu Marriage Act, 1955, if the couple has cohabited for a significant period.
CONCLUSION
Hence, I conclude that as like coin had two sides registration of live-in-relationship also had advantages and disadvantages live-in is not an Indian culture and it spoils the meaning marriage and it allows couples to maintain multiple relationships which is against to the Hindu Marriage System. It also had a disadvantage that when the live-in-relationship was encouraged it indirectly spoils the marriage system and when looking into advantages it provides protection to the women and gives legal rights equal to the wife even though couple is not married. Finally I conclude that live-in-relationship is a western culture and it spoils the marriage system in India.
