ARTICLE UPON LIVE IN RELATIONSHIP

The youth of our country is changing and reason for that is our youth is fascinated with western culture. So India there is also a live in relationship is accepted by many youngsters and there are also many landmark cases where Supreme Court of India made live in relationship legalized. Today’s generation wants live independently without the boundaries of society and families. That’s why there are a lot of changes in the thinking process of the youth of our country. Youth generally like to prefer live alone by their own from their families and society. In live in relationship couple lives with each other without any expectations from their partners. If people asked that live in relationship is good or bad? So upon that question there is not any specific answer. Because this thing is totally dependent upon one persons individual personality. Peoples nature and how that person accept that thing and handle every situation is more important.

Live in relationship generally means two independent adult people live together like a married couple without getting married. Generally a person wants love and affection, but if they got married so in that case marriage is binding upon them, so people recreate assemble of marriage is live in relationship. And live in relationship is resemble as without obligations and responsibilities like marriage from both the parties. Main person of live in relationship is to understand the partner. Person also wants to know that there are any compatibility between the parties or not and if there are no compatibility so in that case it is very easy to breakup. But if this same thing is happened in marriage so in that case there is a lot lengthy process of divorce under legal law. Live in relationship is one type of arrangement between two parties. If any one person does not want to live in that live in relationship he or she can easily comes out from that relationship and relationship is comes to an end. There are no specific laws upon live in relationship like marriage. But Supreme Court of India from time to time upheld the morality from law and upheld and validating live in relationship. Live in relationship generally supports the pre marital sex and because of that there is a high chance of child being born. In earlier times people consider that child as illegitimate or that child has no rights in property or succession. But Supreme Court in the year 1978 make decision and says that child being born during a live in relationship that child consider as a legitimate child and that child also have a right in property and there is no specific legislation about the maintenance of the child being born by the live in relationship so in that case Section 125 of Criminal Procedure Code will apply. According to Indian Law live in relationship is valid but our society is still not accepting this things. According to our society if two persons live together without marriage so that is consider as a crime. This concept of live in relationship is generally follows in big cities. And people who live together without marriage sometimes they have to hide this thing from their parents also.

 

On May 22, 2013 apex court considers in taking into consideration Article 21 of Indian Constitution and that is Right to Life that if a male and female who are in love and wants to live in relationship so that is there fundamental right and not a criminal offence. And after the passes of this verdict there are a lot of people who are not happy with the decision of the court because some people genuinely believes that pre marital sex or pre marital relationship between male and female is a sin. Because of lack of any specific law upon live in relationship, people sometimes do not understand that what is actually live in relationship is. So for that question Supreme Court of India in the case of Indra Sarma v/s V.K.V. Sarma says that some type of domestic cohabitation between unmarried female and unmarried male is consider as live in relationship. Section 125 of CrPC talks about Maintenance to wife children or Parents but by passing of time the Malimath Committee in the year 2003 submitted the report containing that meaning of wife under section 125 of CrPC in amended. After this report any lady lives in live in relationship for a sensible period of time so in that case that lady is consider as wife. According to Evidence Act if a lady live in a respectively way for a long period of time so in that case there is a assumption of legal valid wedlock between the parties.

Actress Khushboo faced more than 20 criminal complaints against as she favored live in relationship in some of her interview. She sad that there is nothing is wrong in sex before marriage. And after her that comment her detractors opposed her and said that what she spoke is offensive and a public nuisance to tell male that not to expect virginity from their partner. In this Supreme Court says that if living together is a offence then first complaint is filed against the Judicial system and Supreme Court because they have legalized the live in relationship.  In 2010 Supreme Court held in the landmark case that there is a grandfather who lives with the women after the death of his wife for approx 20 years in live in relationship as husband and wife. The family members of the grandfather after the death of the grandfather filed a case that after the death of grandmother, grandfather lives with that woman without getting married so in that case the women have no right to inherent property of the grandfather and that women is concern as mistress of grandfather.  After the case the women who lived with the grandfather is failed to prove that she was legally wedded, in that case the court presumed that that women is considered as legal wife of the grandfather after the family members admitted that there grandfather lived with lives with them in their family. So in this case the Supreme Court has clearly says that where a male and female proved that they lived together as husband and wife for the long period of time so in that case the law presumes that they are husband and wife until the contrary is proved. This case is considered by Supreme Court, by A bench of Justice My Eqbal and justice Amitava Roy.

Scotland is the country in the world identifies and legalized live in relationship under The Family Law Act, 2006.  In the U.S.A. live in relationship is illegal before the year of 1970. After that it is accepted as a common law subject. In the U.K. a male and female lives together in the stable and consensual manner is known as Common Law Spouses.

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