Live-in-relationship & Protection of Women from Domestic Violence Act, 2005:-A Study…
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Live-in-relationship
& Protection of Women from Domestic Violence Act, 2005:-A Study…
Aristotle said,
“Man perfected by society is the best of all animals; he is the most terrible
of all when he lives without law & without justice”
In India marriage is considered as a sacred sacrament since the Vedic period & it was assumed that this union of husband & wife made in heaven. But the traditional concept is changing very fast in the modern era by live-in-relationships especially in metropolitan cities like Mumbai, Delhi, and Chennai Kolkata etc.
Live
–in-relationship is a western concept & famous there. Live-in-relationship means
two heterosexual person live together under the same roof like husband & wife.
The legal definition of live-in-relationship is “an arrangement of living under
which the couples who are unmarried live together to conduct a long term
relationship similarly as in marriage. Now a days it is being taken as an
alternative to marriage. This type of living together is not recognized by
Hindu Marriage Act, 1955, or any other statutory law. & the status of children
is not clear during this type of live-in-relationship.
In our Country,
only one kind of relationship between a male & a female is there & this
is “marriage”. It is a divine concept. It is considered as a basic civil rights
of man /woman. After marriage they are known as spouse. Marriage is a
relationship between two souls. The essence of marriage is a sharing of common
life, a sharing of all the happiness that life has to offer and all the misery
that has to be faced in life, an experience of the joy that comes from
enjoying, in common, things of the matter and of the spirit and from
showering love and affection on one’s
offspring. Living together is a symbol of such sharing in all its aspects (the
recommendation-Living apart as proof of breakdown of “Reports of the Law Commission of India”Vol-9 at page-71.23). But
the Supreme Court of India validates live-in-relationships; grants individuals
freedom to live as they think best. Article 21 of the Constitution of India
have given to all its citizens ‘right to life & personal liberty, which
means one free to choose his/her partner. The Supreme Court said, ‘when two
people want to live together, what is the offence? Living together is not an
offence. But as the live-in-relationship is increasing, totally new set of laws
need to be framed for governing the relations including in case of desertion,
cheating, maintenance & inheritance etc.
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