Is Live-in Relations getting legal approval in India?

Decades back it was very difficult to get divorce through the courts as the procedure takes 5 to 7 years in reaching the final stage. Suddenly it was seen that number of family breaks increased but divorce petitions in the courts were reduced considerably. A new trend crept into the society and fed-up with litigation in the courts, young generation was comfortable with live in relation concept. It was not only giving them freedom from responsibilities but also a choice to live in their own way. Initially society raised eyebrows but soon parents also found themselves in comfort zone and as of now that social taboo of morality, ethics or culture is no more visible.

With this new system courts have also become more liberal and cooling time of six months is invariably getting waived off when courts find couple have already started living with other partner and marriage is irretrievably broken down.

After enactment of Domestic Violence Act 2005 social taboo of illegal relations got faded and young people prefer to know the would-be partners before becoming spouse. Interestingly there is a silent consent of parents also when Dowry expenses seem to be curtailed. Most of young live-in couples now spend money on themselves rather than on undesired gatherings arranged by parents and wasting on show off. They find their own way to celebrate the occasion and with their own convenience

Now coming to the real question -whether this trend is leading to legalization of live-in relations. We have two reasons to believe so -Domestic Violence Act and recently enacted law of UCC in Uttarakhand and making Registration of live in relations mandatory. Does this qualify legal status of live in partner is the question. It has been explained by the authorities that it will work as safe guard to those who have taken risk of living together and in case any mishappening occurs in their life, they can at least have a proof of having lived together Causing hurt to any person is easy if proximity of approach is easy which exists in live in relation couples. Mandatory registration is just a record keeping of couples living together without marriage

Now let us talk of the possibility of Live-in relation theory taking shape of legal status Firstly DV Act has done half the job by making live -in partners liable to pay maintenance and right to live in shared house of partner in case of failure for any reason. Looking at the sources of law and its history, Customs are the most powerful source of law. Any custom followed by any society for more than fifty years can get recognition in the society and gradually and finally it becomes law All our personal laws related to marriage, maintenance, succession, adoption and guardianship have come from customs, traditions and practice prevailing in the society for a long period.

Live-in relations are prevailing in our society for considerably long period. SC of India also pronounced many judgments on this issue which clearly indicates how rapidly this practice is intruding into our society. This is prominently felt by the Mediators while mediating matrimonial matters that Girl is not in much bargaining power to say she will contest the divorce petition filed by spouse tooth and nail. Cards from both sides are open that both have already developed friendships elsewhere and they just want to get rid of each other. They agree for mutual divorce within three four sittings and frame their terms of separation. This is how the courts are now quick in awarding divorce, most of matrimonial cases are getting settled through Mediation only.

No wonder if live-in relation gets nod of law looking at the developing situations May it be status parallel to marriage or like legal contract /agreements with specified terms and conditions. Certain rights and responsibilities may be the common conditions in all such contracts. How much time it takes, how much odds society is to face in due course and how it finds its place in society is hidden in the future but it is very apparent that people are finding this concept quite friendly. Even in social gatherings, such couples are happily introducing their partners as friends and look more modern than a subject of criticism.

Whether we like or not, our society has chosen it not under compulsion but willingly. Our old generation may find it odd but the truth is, top most relation made by the God is also NAR-MADA relation and everything loops around it.

So let us accept what is happening. We will see its adverse consequences also. But just give a pause-are there less complication to in present system of marriage? We are fighting with them also. Let our young generation face different kind of complications what they are willingly choosing   

By Dr Prem Lata

 

 

Previous

Next