LIVE-IN RELATIONSHIP IN INDIA: PRESENT POSITION
BY SHRISHTI MISHRA
The concept of ‘Mitru Sambadh’ is nothing but a concept of the ‘LIVE IN RELATIONSHIP’. It is better to have a live-in relationship rather than having a divorced life. Definition of life in a relationship is an arrangement of living under which the couples who are unmarried live together to conduct a long-going relationship similarly as in marriage.
Live-in a relationship is living together without marrying doesn’t constitute an offense. The following statement came from Punjab and Haryana High Court on May 18th, 2021 though the concept of life in a relationship is practiced in India for a long period of time, the meaning is that two adults boy and girl above the age of 18 years of age can live together as husband and wife with their consent without any fear from the eyes of the law. Punjab and Haryana Court giving protection to a live-in couple as they were being threatened by their parents.
The order passed by Justice HS Madaan on May 11, 2021, after hearing the argument through video conferencing. Petitioners Gulza Kumari and Gurwinder Singh have filed the present petition stating that presently they are residing together, though, they are apprehending danger to their lives at hands of the parents of petitioner No-1 Gulza Kumari.
As a matter of fact, the petitioners in the garb of filling the present petition are seeking a seal of approval on their morally and socially not acceptable and no protection order in the petition can be passed. The petition stands dismissed according.
Supreme Court on live-in a relationship:
- Living together is not an offense.
- No law in India prohibits live-in relationships.
- Referring to Article 21, the court observed living together falls under ‘ RIGHT TO LIFE’
- The Court has observed in our opinion, a man and woman even without getting married can live in a relationship if they wish to is not an offense by society that may regard it as immoral but it is not illegal. There is a difference between law and morality.
Society may not be at a point to adjust or accept that relationship because of traditions, customs, and culture but it may be immoral but not illegal in the eyes of law.
In Kamini Devi V. State of UP
The court had earlier granted protection to couples to live in a relationship, noting that the boy and girl are major and free to live, then nobody including their parents has no authority to interfere with their living together.
So I conclude by saying that, the live-in relationship is not prohibited in India. According to the article, 21 “ RIGHT TO LIFE” judgment was passed by the apex Court to accept live-in relationships in India. At a point, society will not be able to adjust to the law and believed it to be immoral but in the eyes of law live-in a relationship is legal, not illegal but there is a difference in law and morality. As time is changing the law is also changing with the time.
Author by Shrishti Mishra