Prathiksha Chandra & Kushal Raj, Christ Academy Institute of Law
ABSTRACT
India being called as the country which follows “sanskar” and who live their livelihood according to the “puranas” and “scriptures” left behind by the Gods and Sages themselves are looking at a gradual alteration in their lifestyle over the period of centuries. However, this change has been continuously followed with criticisms and slowly adapting for the concord and yet, there are quite a few concepts that lack legality and acceptance by the society.
Even during the 21st century, India observes 70% of casteism when it comes to marriage and choosing a life partner. With this protract of views, there came in “Live In Relationships” as another notion where the Indian Judiciary slowly started looking at the future for this belief among the youths, unmarried and adult couples which resulted in legalisation of “live in relationships” in 2010 by categorizing the concept itself as ‘domestic relationship’ which is protected under the Protection of Women from Domestic Violence Act, 2005.
Live in Relationship is nothing but an individual of the opposite sex living together under the same roof without being legally married. The law protects the two people who are together without any recognition in the society under the DV Act as mentioned in the previous paragraph and also the partners are secured under Article 21 - Protection of life and Right to Liberty in the Indian Constitution. Nevertheless, the consequences after the couple announce rift in their relationship, it is mentioned in the Act that they have rights and claims for themselves as well for the children born out of their relationship.
Since no strings attached, live in relationships have criticisms in both the society as well in their personal lives. There can be a lot of social, logistical, from the mental point of view, their psychosocial implications and in whole, a threat to the child born during quality time of the couple and the state of mind, that child goes through after their breakup.
India is a society which contemplates itself as the nation of love bound relationships, with gratitude, selflessness and their respect to the institution of marriage is a kneel to the global countries. This paper, will be dealing with all the points discussed above, the significance of Indian institution of marriage, law with its statutory provisions and the guidelines issues lawfully for the partners who are in live in relationship.
Judicial retort to the same will be analysed in detail and talk about how the justice system rendered and got its sanction from the country of customs and tradition which have been in practice from its birth.
In addition to this, the research paper will have an analyzation with a survey conducted by the author’s on the 20th of August, 2021 in the interest of the public. The survey was comprehended with the opinions and perceptions of young group of people who belonged to any occupation.
In brief, the survey was based on a questionnaire which had 3 questions stating, the individual’s opinion on live in relationships, school of thought on the socio fabric of live in relationships and if the individual feels it to be morally accepted in the society which adopts change constantly but sticking to its ancient culture in the dimensions of marriage and caste.
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