History and Status of Live Relationship and Law in India

People think that Live-in
relationship provide life free from responsibility and commitment which is an
essential element of marriage. The concept of live-in relationship is not new
to the Indian society, the only difference is that earlier people were hesitant
in declaring their status may be due to the fear of the society but now the
people are openly in this kind of relationship by a belief as modern idea.

‘Live-in relationship'
might be a new term but the concept is ancient. In Vedas, we find eight types
of marriages like, Brahma, Prajapatya, Daiva, Arsha, Gandharva, Asura, Rakshasa
and Paishacha. The last three types of marriages were considered to be worst
and heinous, still recognized as valid marriage.

One of which is the
Gandharva Vivaaha, a man and a woman mutually get married, neither involves the
family of the couple not a particular ritual to solemnize the marriage
ceremony. This marriage is just a promise by a word-of-mouth commitment. But
this marriage still comes under the purview of marriage and the commitment and
responsibility was identical to any of the other types of marriages conducted
in traditional manner.

The women are
protected from domestic violence under law. The Economic abuse considered to be
deprivation of financial resources entitled for maintenance by aggrieved woman under
Domestic Violence Act, 2005. The relationship should not be of any sought of
abuse on either parties without chosen to enter into institution of marriage.
If two persons living together as husband and wife for long time differs from
the parties themselves indulged in co-habitation as free sexual relation as
their personal choice. Therefore, all live-in relationships are not covered under
the provision of Domestic Violence Act, 2005.

The Kerala High Court
recently opined if boy aged 18 years old and girl of 19 years old living
together can not be separated through Writ of Habeas Corpus.

The concept of live-in
relationship can be statuses according to the participation of commitment in
the relationship promised between the parties. If there is lack of consent in
co-habitation may result in committed offence of rape under Indian Penal Code. The
law obviously safeguard the interest of dignity of the society.

Written by Adv. Neethu Narayanan