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All about Marital rape and its laws.
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(^1) Section 125 (1) of the Cr.P.C. India is a“country with a diverse set of values, traditions, rituals, and beliefs that serve as major legal sources. Marriage is a sacred bond with legal consequences and high social respect. Marriage is an important component of Indian culture and a social institution. However, as time has passed, we have begun to adopt Western culture, which is vastly different from Indian culture.”In live-in relationship two heterosexual people agree to live together without committing to a formal institution such as marriage.“ Except for the criminal procedure code, no Indian legislation defines who is a wife, "Wife includes a woman who has been divorced by, or has sought a divorce from, her husband and has not remarried,".^1 Along with above description,“in this project report I basically want ito iponder ithe isocio-legal effect iof ilive-in irelationship iin iour iIndian icustomary isociety iand iI iwill idiscuss iall the laws related this chapter and legal status of live In relationship with respect to the maintenance laws under which the women has right under this relationship.” Key Words : Live-in relationship, Legal aspect, Cohabitation, Maintenance
This research contribute to the present writing if it is carried out after a thorough review of what is currently being written in the field. With this broad guideline in mind, and in order to make current research more focused, the officially available material on live-in relationships will be analysed by analysts by examining the substance and perceptions of various works on the subject. The following are some of the books and research papers that are mentioned:- Jayanta Ghosh in book ‘Live in Relationship & Hindu Marriage: A Critical Legal Analysis’ (2015) The live-in relationship is regarded as a risk-free way of life. Because it raises a ruckus in an attempt to disrupt our traditional and cultural institution of marriage. examine holistically, elaborate on every nook and cranny of the Live in Relationship & Hindu Marriage system, and conduct an empirical study to analyse the goals. To define a border between live-in relationships and Hindu marriage, each option has its own meaning.^3 Wazida Rahman in her research study on ‘Live in Relationship and status of women in India’ (201 5 ) If the husband is in a live-in relationship, it is harmful to the legally married wife and her children, as well as to the woman who is forced to live in such an unrecognised relationship.^4 Beliza Ann Furman in her book ‘Test Driving Marriage: How to Tell If Your Live In Relationship Is Headed to the Altar’ (1998) She looked at the benefits and drawbacks of an unmarried, live-in relationship, offering advice on finances and setting up space, limits, and protection, as well as depicting a variety of living situations. She also provides solutions for adjusting the nuances of a casual marriage.^5 (^3) Ghosh, J. (2015). Live in Relationship & Hindu Marriage: A Critical Legal Analysis. Germany: Lap Lambert Academic Publishing GmbH KG. (^4) Rahman, W. (2021). LIVE-IN-RELATIONSHIP AND STATUS OF WOMEN IN INDIA. Retrieved 16 October 2021, from http://ijlljs.in/live-relationship-status-women-india/ (^5) Furman, B. A. (1998). Test-driving Marriage: How to Tell If Your Live-in Relationship is Headed to the Altar. United States: Barricade Books.
Live in relationships in“India have still not received the acceptance of the majority of people. They are still considered a taboo to the Indian society. At present there is no specific legislation that deals with concept of live in relationship and the rights of the parties and the children of the live in partners. Infect it was ambiguous concept until the Supreme Court of India took the initiative and declared that live in relationship though considered immoral but it is not illegal.” In view of all above facts, the followings are the major objectives: -
Marriage is seen as a sacramental institution in India, so if a man and woman desire to live together, they must enter into the institution of marriage. In the 21st^ century, however, a new concept known as "living in relationship" has evolved. A live-in-relationship is a situation in which a couple live together but do not marry. This notion is very new in India, but it is rapidly gaining traction. Several Supreme Court decisions have recognised and legalised the concept of live-in relationships. It should be mentioned that live-in-relationships are not recognised in the Hindu Marriage Act, 1955 , and as a result, some individuals regard them as illegitimate. Living in a relationship, whether legal or unlawful, is highly subjective, particularly in India, where traditions are highly valued and breaking them is regarded as a sin.^6 India’s modern families are nuclear since most people relocate to cities, which has damaged India's social framework of marriage and family. The effect has grown to the point that individuals are marrying later owing to larger expectations in partnerships, and the worst part is that today's youth are less interested in marriage and are more focusing on live-in relationships, education, and livelihood. There is no doubt that the current generation is gifted and plays an important part in the country's development..^7 Living together has become more of a fad and a non-committal way of life, which has major repercussions for women's and children's position and rights, as they lack legal and social acceptance in society. The world still views India as a country where marriage holds a sacred status, both theoretically and practically. As a result, the purpose of this study is to highlight the implications of live-in relationships in India in light of recent judicial rulings.^8 (^6) Love 'live-ins' - Times of India. (2021). Retrieved 17 October 2021, from https://timesofindia.indiatimes.com/life-style/relationships/love-sex/love-live-ins/articleshow/6386392.cms? (^7) Changing Trends in Indian Marriage « Marriage. (2021). Retrieved 17 October 2021, from https://www.marriage.co.in/changing-trends-in-indian-marriage.html (^8) SC lays down conditions for women seeking maintenance in live-in relationships - The Times of India. (2021). Retrieved 17 October 2021, from https://timesofindia.indiatimes.com/india/SC-lays-down-conditions-for- women-seekingmaintenance-in-live-in-relationships/opinions/6786239.cms
In India, there is no specific legislation governing live-in relationships. There is no legislation that specifies the rights and obligations of parties in a live-in relationship, as well as the legal status of children born to such couples.“Because there is no legal definition of a live-in relationship, the legal status of such relationships is also unknown. The parties in live-in relationships in India have no rights or obligations under Indian law. Various judicial decisions, however, have clarified the concept of a” live-in relationship.^9 Though the law is still uncertain about the legality of such partnerships, a few rights have been granted by interpreting and altering existing legislations in order to prohibit partners from misusing such connections. Various laws are discussed below: - 7.1. Domestic Violence Act, 2005 According to the 2( f Section) of the Domestic Violence Act, 2005 , “ ‘ domestic relationship’ means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family”.^10 7.2. Criminal Procedure Code, 1973 Section 125 of the Cr.P.C. was enacted to protect a wife, minor children, or elderly parents from vagrancy and destitution, and it has now been extended to live-in partners by judicial interpretation.^11 In 2003 when the Malimath Committee submitted its report, it made several recommendations under the head “offences against women”.^12 One of its recommendations was to change the definition of " wife " in Section 125 of the Criminal Procedure Code. A correction was made as a result of this change, and now the term " wife " refers to women who were previously in a live-in relationship and whose partner has abandoned her at his will, allowing a woman in a live-in relationship to gain the status of a wife.^13 (^9) Saxena, A. (2021). Live-In Relationship And Indian Judiciary | SCC Blog. Retrieved 17 October 2021, from https://www.scconline.com/blog/post/2019/01/23/live-in-relationship-and-indian-judiciary/ (^10) Section 2(f) of the Domestic Violence Act, 2005 (^11) Ajay Bhardwaj v. Jyotsna , 2016 SCC OnLine P&H 9707. (^12) Justice V.S. Malimath Committee Report, available at https://mha.gov.in/sites/default/files/criminal_justice_system_2.pdf, pp. 181-194. (^13) Chanmuniya v. Virendra Kumar Singh Kushwaha , (2011) 1 SCC 141.
Article 21 of the Indian Constitution guarantees all citizens the “ right to life and personal liberty ,” which means that they are free to live their lives as they like. Although in the views of orthodox Indian society, live-in relationships are unethical, they are not “ illegal ” in the eyes of the law. In rare circumstances, courts have granted limited recognition to such relationships. The Indian judiciary's goal is to provide justice to the participants in live-in relationships who were previously unprotected by any statute when they were subjected to abuse as a result of such partnerships. The judiciary is neither explicitly supporting nor banning such relationships. However, it is just concerned that there be no miscarriages of justice. There are certain relevant landmark cases decided by the several courts to understand the judicial approach on live-in-relationship: - Andrahennedige Dinohamy v. Wijetunge Liyanapatabendige Blahamy^17 The Privy Council took a stand that, “where a man and a lady are proved to have lived respectively as spouse, the law will presume, unless the opposite be obviously demonstrated that they were living respectively in result of a legitimate marriage, and not in a condition of concubinage”. Badri Prasad vs. Dy. Director of Consolidation^18 The Supreme Court of India recognised a live-in relationship and considered it as a legal marriage in this case. In this instance, the court upheld the legality of a couple's 50-year relationship. Justice Krishna Iyer ruled that “where the couples have lived together as husband and wife for a long time, there is a strong presumption in favour of marriage. Although the presumption can be refuted, the person who wants to deprive the connection of its legal origin bears a significant burden”. Tulsa & Ors vs. Durghatiya & Ors^19 (^17) AIR 1927 PC 185 (^18) AIR 1978 SC 1557 (^19) AIR 2008 SC 1193
In this case the Supreme Court held that “Children born from a live-in relationship now have legal status, according to the Supreme Court. One of the crucial pre-conditions for a child born from a live-in relationship not being treated as illegitimate is that the parents must have lived under one roof and co-habited for a significant period of time for society to recognise them as husband and wife, and that the relationship cannot be “ walk in and walk out ”. As a result, the court gave a kid born out of a live-in relationship the right to property”. D.Velusamy vs. D.Patchaiammal^20 The judgement determined Certain criteria must be fulfilled in order for a live-in relationship to be declared legal. It states that a couple must present themselves to society as spouses and must be of legal marriage age or qualified to engage into a legal marriage, even if they are unmarried. Here, the court relied“on the concept of ‘palimony’ which was used in the USA for grant of maintenance in live in relationships. The concept of palimony was derived in the case of Marvin vs. Marvin , a landmark judgment of the”California Superior Court. Indra Sarma vs. V.K.V.Sarma^21 In this“landmark judgment, a bench headed by Justice K. S.Radhakrishnan framed guidelines to take along the live in relationship within the expression “relationship in the nature of marriage” for the protection of women from” Domestic Violence Act 2005. The guidelines are as follows: -
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