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Supreme Court gives legal tag to Live-in-relationship

New Delhi, Fri, 18 Jan 2008 Vikash Ranjan

‘Mangalsutras’ and ‘sindoors’ are no longer essential for a married lady to show as a sign of marriage because hence onwards a woman living with a man since long a.k.a ‘live-in-relationship’ will be acknowledged as a legalised marriage.

Although sanctity of marriage would not be lessened by the remarkable judgement passed by the Apex Court Thursday, which held that live-in-relationship should be treated equivalent to marriage.

The socio-religious reform, initiated by Brahmo Samaj founder, Raja Ram Mohan Roy during the early 19th century, is still on progress.

The bench headed by Arijit Pasayat not only validated such a relationship, but going one step ahead, it said that the children born to such a parent would be called legitimate. Besides these children will have the rights in their parent’s property.

One advantage for the ruling that it would not only deter the couple to take hasty decision of splitting each other but also would encourage the couple to produce their offspring, who were earlier afraid of regarding their future in case of their break-up.

Children of such parents were not treated at equal footing in the society, now would live with their head hold up straight. Because born to either ‘in-wedlock’ or ‘out of wedlock’ parents would not decelerate their morality.

While the presumption of marriage in such cases is 'rebuttable', at the same time heavy burden lies on the person, who seeks to challenge such a relationship to prove that no marriage took place between them.

On the flipside of this advantage comes disadvantage, which generates doubt in some minds that the new generation will be more spoiled. They will prefer live-in relationships instead of arrange marriage to escape from responsibility and indulging in any social bondage. And what’s the guarantee that the male in such relationship will turn out to be a loyal partner in the long run? What if he leaves the girl with kids and runs away without prior notice? In case of arrange marriage at least- despite increasing divorce rate- there is some emotional, societal, and family pressure that prevents them from taking hasty decision of divorce.

The institution of marriage already is weakened gradually in contemporary Indian society, particularly in urban pockets. More couples instead of tying knot preferring to simply live together following the western culture, which does not suit to Indian culture and tradition.

Although the live-in-relationship is quite prevalent in western countries, but the reality in India is different. Here marriage is still an institution, which is preferred over any form of union. And one must not forget that significance of marriage, as an institution will not be diminished.

Finally discarding all such doubts and apprehensions the verdict given by Supreme Court is crucial for the children’s future, their prestige and treatment among the society at equal footing.

Besides in a liberal society as ours women should be given the liberty to choose their life partners and should not be forced into marriages if they are not ready.

Earlier through Domestic Violence Act 2005, female of live in relationship were given protection hence it was on the verse of acceptance by covering it under the ambit of legal term. Though live in was considered as disturbing the very social fabric but seeing the surmounting number of such relationship this judgement is a welcome step.


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Comments:

rachyeeta

August 29, 2010 at 12:00 AM

the decision of the supreme court is very bold one,n shud also encouraged by the society as live in relation is startd seeing in majority of the youths in metro cities ,so there shud b sum or d othr provision for d childrens cumin out of it...as there is no mistake of these pitty childrens.

yogesh chandra

April 13, 2010 at 12:00 AM

what is the legal stand for mutual separation in such cases & course of action against detention of children by one party in such cases

jagan

March 26, 2009 at 12:00 AM

what would be the case, in case of conflict in such relationships

Prashant Kumar RMLNLU

February 4, 2009 at 12:00 AM

India has been coughing under the cluthes of man made rituals with its narrow thinking, the decision given by hon'ble apex court will pave the way fr a new revolution, as its a saying tht law changes with change in society , and our judiciary takin this bold decision has proved the same.

deepali

October 14, 2008 at 12:00 AM

according to me this decision taken by our apex court is a bold decision and is most welcomed decision. some people says that it'll not suit to indian culture, so my dear friends...culture is an ever changing thing, which made and change by the people according to their perception,values and beliefs. so if we think that live-in relationship is in our favour, it's our perception and i think it's enough for innovating a culture. first of all, we can not spent our whole life with a person to whom we don't know at all. by live-in relationship, we'll able to know that person easily,his/her day to day activity will give us the idea of the way of thinking of that person. so i think this decision is welcomed by all young generation who are going to start their life....

Manish Kumar

October 11, 2008 at 12:00 AM

This everwaiting Act is a boon to all the sensible Indian citizens and specially the ones who wanted to bring out the sophisticated changes in the indian society.This Act has given a name to the children born out of the unmarried couples and at the same time equal respect in the society who were otherwise treated inferior in the name of BASTERDS......

Aditya

March 3, 2008 at 12:00 AM

very good article and well researched plz give me your contact detaisls so that in future if i write an aricle on this topic i can take your comments

bala

January 18, 2008 at 12:00 AM

I wonder where have all the moral police of this contry gone. How they are now sitting quietly to see the family structure going in the western way.


 

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