Home, the meaning of this word has changed with the changing trends. Today, it does not denote a family who lives together who have been put together through a marital bond. Today, people not bound by marital relation share homes and live as if man and wife. This type of relationship is called live in relationships.
What is a live-in relationship?
A live-in relationship is an arrangement where two people who are not married and are in a physical or sexual relationship living under one same roof, without the solemnization of their marriage. This is a concept that has flown in with the west winds, where people before marrying each other, wish to live with each other to figure out whether they are compatible enough to live together or not.
Is live in relationship accepted by the society?
In the past few years, it can be seen that cases related to live in relationship have been increasing drastically as more and more people have left the conventional system of marriages and adopted living together under one roof without any marital obligation. The Indian society as a whole have yet to accept this changing trend and have been cursing it since the time it has emerged.
The Indian society has always been conservative about its rituals, customs, religions etc. and any act that is not in connivance with the religious beliefs of the people have been deemed as non-acceptable by the Indian society. It is mostly the older generation who raises such objections. Couples who live in such a type of set up are usually boycotted by the society. For example, family members feeling embarrassed of such a set-up, break their bond with the children or society where these couples stay might harass them or might not allow them to reside in the premises for not living as a married couple.
What are the laws on live in relationship?
The Indian law on this issue has remain untouched even with the emerging winds of the new times.
Currently, there is no specific provision regarding live in relationships but the Indian judiciary has brought it into the ambit of law through various decided cases as per the circumstances of the case.
What to do if my live-in relationship partner hits me?
Protection of women from domestic violence have been brought into the ambit of the domestic violence act, whether or not the woman is living with the man in a marriage or not. For a very long time, it was argued that whether a woman living together with a man for a long time even without a valid marriage can claim reliefs against the male partner as for both personal laws.
- Domestic Violence Act
For the very first time, the legislature has acknowledged live-in relationships under the Domestic Violence Act by stating that “domestic relationship means a relationship between two persons who live or have at any point of time to live together in a shared household.”
In connivance with this acknowledgement, the Indian courts have provided relief to the aggrieved women who have suffered domestic violence at the hands of their live-in partners.
- Criminal Code of India
Maintenance is another major issue when it comes to claiming relief by Indian women from their partners. Section 125 of Criminal Code provides that a person is liable to provide maintenance to wife, children and parents.
Many committees have been formed by the justice system to eliminate any unwarranted reforms or revamp old reforms with new ones. Under the head of offences against women, it has been time and again suggested to alter the meaning of the word “wife”. This was done because a person becomes wife when married either as per the customs and traditions of the particular religion or through court marriage, either way by getting married. In many reports it has been suggested that a woman living in a live-in relationship set up for a long period of time at their own will must get the status of a wife as well.
In short, if any man or woman who have been living together in a live-in relationship for a continuous period of time, must be treated as a married couple in the eyes of the law and relief to any injustice warranted towards them must be in connivance with the marriage laws of India.
Indian Judiciary and live in relationship
Whenever there are matters which do not have any particular legislation dealing with them or any legislatures conflicting with each other, the judiciary steps in and through its lawmaking power fills the gap and decides the future as per the circumstances of the case.
Similarly, in case of live-in relationships, and in the absence of a particular legislation defining legal rights and remedies of the people, the judiciary has time and again taken the lead to regulate decisions regarding Live in relationships. This kind of set up is all the immoral in the eyes of the society, but is not illegal in the eyes of the law which is why the judiciary has provided rights, remedies and protection in some cases too.
How can G.S. Bagga help you?
Greetings! Living in a live in relationship set up is in itself an extremely stressful situation as all the time, eyes of the society are upon you. On top of it, if you are a victim of domestic violence, it makes it even worse as there is a stigma attached. In such situations, lawyers play a major role in protecting you and your interest. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.
