1. Introduction:
India a country of cultural values and rituals, ceremonies cannot afford to plunge into western society.
But since growing economy and people getting more and more aware, India finally has to step ahead and walk with the rest of the world by legalizing Live-in relationship. Yeah it sounds absurd that country like India would allow its citizens to do that, but its fact the state cabinet gave its green signal to amend Section 125 of Criminal Procedure Code which seeks to protect the pecuniary interests of the other women. However, it would need the centre's stamp of approval to become a law.
The definition of the word wife would have to be change which is under section 125. The amendment done would be like a woman who believes in Live-in relationship or wants to have a polygamous relationship is legal. The state has proposed a reasonably long period for that woman to stay with the mate, but has not defined duration of that period specially In a country like India this is one of the odd steps taken, but still its better one.
2. Meaning of Live-in Relationship:
The legal definition of live in relationship is "an arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage" .
Live-in relationship is one such connection in which a boy and girl have some relation before their marriage and if they are satisfied with their partner they get married or be like that for years. This kind of act though seems different; it is one, which is being implemented today. Live-in relationship handles matter of premarital sex, but those couples who are maintaining relations don't mind such things. Overall, this relation builds up harmony between the couples, but spoils their social influence .
Live in relation i.e. Cohabitation is an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married .
3. Difference between Live-in Relationship and Marriage:
A marriage is governed by a separate set of laws in all countries which safeguards the interests of both parties who enter into the union. Live-in relationships on the other hand have received due recognition in a few countries such as France and Philippines. In India, presently there is no law defining the maxims of a live-in relationship. The Supreme Court however, has observed in a current ruling that a woman who has lived in a live-in relationship for a long period of time should enjoy the same rights that a married woman is entitled to.
Live-in relationships do guarantee immense financial freedom for both parties involved. In a marriage however, it is generally accepted that the married couple share their earnings and enter into joint financial venture. However, these rules are not carved in stone. In today's day and age even married couples tend to keep their financial matters separate and many live-in couples decide to share their individual earnings.
Despite the fact that there are scores of couples who are opting for live-in relationships, the society still attaches a taboo to such relationships. The majority looks at live-in relationship as a dilution of morals and more importantly tradition. Marriage on the other is still venerated by most despite the alarming rise in the number of divorces and problems in relationship. Therefore, the primary difference between live-in relationships and marriage is that marriage has received the societal stamp of approval and live-in relationships are yet to do so .
4. Live-in Relationship in Other Countries:
Different countries have different stand on Live-in relationships. For example Bangladesh cohabitation after divorce is frequently punished by the salishi system of informal courts, especially in rural areas. In Indonesia, an Islamic penal code proposed in 2005 would have made cohabitation punishable by up to two years in prison. Also Cohabitation is illegal according to sharia law in countries where it has been practiced. On the other side in many developed countries like USA (23% in 2003), Denmark, Norway, Sweden (above 50 %) and Australia (22% ) etc Live-in relationship are very commonly practiced, accepted and are not considered to be illegal.
Scotland:
Family law (Scotland) Act 2006, for the first time identified, and in the process by default legalized, live-in relationship of over 150,000 cohabiting couples in the country. Section 25 (2) of the Act said that in determining for the purpose of any of section 26 to 29 whether a person (A) is cohabitant of another a court of law can consider a person as a co-habitant of another person (B) the court shall have regard :
The length of the period during which they lived together,
The nature of the relationship during that period and
The nature and extent of any financial arrangements.
In case of breakdown of relationship, under section 28, a cohabitant has right to apply in court of law for financial support .
United States:
The American legal history was then witness to several consensual sex legislations, which paved the way for living together contracts and their cousins, the "prenuptial agreements". The country later institutionalized cohabitation by giving cohabiters essentially the same rights and obligations as married couples, a situation similar to Sweden and Denmark. Those living together are not recognized as legal parents .
Australia:
Section 4AA of Family Law Act 1957(Australia) defines the meaning of de facto relationship it says that a person is in de fact relationship with another person if;The persons are not legally married to each other; and
The person are not related by family and;Having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis .
Canada:
Live-in relationship is legally recognized in Canada also. Section 54 (1) of Family law Act, R.S.O. 1990 says that, two persons who are cohabiting or intend to cohabit and who are not married to each other may enter into an agreement in which they agree on their respective rights and obligations during cohabitation, or on ceasing to cohabit or on death, including,Ownership in or division of property;Support obligations;The right to direct the education and moral training of their children, but not the right to custody of or access to their children And further sub section 2 of section 53 says that if the parties to a cohabitation agreement marry each other, the agreement shall be deemed to be a marriage contract .
5. Rights of Children born out of Live-in Relation:
Although Supreme Court of India has granted the legal status to Live-in Relationship,but what happens if one partner decides to walk out. Could the other partner be left homeless? Will the children born into live-in relationship be recognized by the law? Will it empower women with the Right to Inheritance, Right to maintenance, and Right to demand Alimony? Will the law give the same standing status to live-in relationship as that of Marriage?
Answers to these questions are changing on a regular basis. Recently Supreme Court of India laid down that, child born out of live-in relationship possess a right to inherent the properties left behind by one of the partners. Bench of Justice P Sathasivam and B S Chauhan said that "if a man as well as a lady are living under the same roof and living together for quite a few years, there will be presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate" .
The court protected their live-in relationship but alerted them that they will not be entitled to claim Maintenance and Alimony in case one of them later walks out of this wedlock. It is so because they do not qualify condition No. 3 of live-in relationship. They both must be unmarried.
Even in UK also child born out of such relationship has right to maintain himself/herself. At the end of a relationship, both partners will be responsible for supporting children financially, regardless of which one of you the children live with. The court can make order about who the children should live with. The order will usually allow contact between the child and the parent with whom the child is not living unless there are exceptional circumstances. In Canada there is no difference in law in the status of a child born to someone who is legally married, to a single mother, to a person in a common-law relationship, or to a couple in a same-sex relationship or an opposite-sex relationship. A child born outside marriage is treated in the same way as a child born inside marriage.
6. Conclusion:
It's better to have a live-in relationship rather than having a divorced life.This is common and quite rational line favoring live-in relations in the world. It should not be denied that our culture does need a legislature to regulate relationships which are likely to grow in number with changes in the ideology of people. The right time has come that efforts should be made to enact a law having clear provisions with regard to the time span required to give status to the relationship, registration and rights of parties and children born out of it. Laws should be made by the parliament, which should keep a check on the practice of evading bondages.
