good blog but if the author could have added the case number and names of Delhi HC, Allahabad HC,SC judgement it would be much useful for reference.I request all to add them if anyone has knowledge of them
As you have stated "If a married man engages in a live in relationship with an unmarried women in such a case the wife of the man cannot book him under Bigamy" but as per section 377 of the IPC 1860 whoever has a carnal intercourse with any man, women or animal against the order of the nature shall be punished with an imprisoned for life or liable to fine. Also the newly introduced bill relating to RIGHT TO PRIVACY and protection of sexual orientation as a fundamental right violates section 377 of the IPC 1860.
As you have rightly pin-pointed, it is more or less impossible for the Indian society to accept the concept of "live-in-relationship". While one can preach loud principles in platforms like this, the moot question to be asked is as to whether one is ready to accept such a relationship by his own wife or daughter or sister or mother ? I am sure, there will be an emphatic "NO" from most Indians.
Besides today education is indeed many sided ; right from living - today marriages never mean an insurance to either spouse - the marriage is some based more on biological needs rather than anything else; courts needs to look to nature of human biology as law makers failed for to assume lawmakers understands every thing is obvious wrong as things do change - see inter caste marriages came in how not on some ideas of social caste adjustments but just biological needs and proximity factors - i saw in a delhi business family in 1990s the husband of a girl was having living in relations with his own brother's wife that created hurt feelings in this girl then she moved divorce , he readily gave in means he needed such relations, now if i see in her life she is all alone with her daughter mentally feeling inadequate as she failed to appreciate the fast changes taking place in life's journeys..so one needs to adjust and readjust to living in arrangements - besides past marriage system was to provide the wife all her needs till death and she just be some domestic servant and sex provider exclusively under so called 'faithful concepts' ; but today she is no longer such woman today she can have her own relations like the instant husband had with his sister in law.. so things do change rapidly, obviously too many laws have no meaning at all but mediation and conciliation can better take over on laws or statutes i believe,
Law makers are basically sound in many areas of human studies, sociology of life and living cultures, monogamy does not mean you can't have living in relations as life is rolled more on biological needs such needs no exception for any caste or community as such, but universal - and it has to be encouraged so that unnecessary harsh feelings will die down .. sooner than later that way courts needs to mend ...is my view.
Live in relationship need to be encouraged by pliant laws that way whatever laws prohibiting such laws need to be mended that job lies with the courts more than the law makers.
in fact live in relationship was fostered by the British in india , that way a lot british officers on india postings had maid servants under live in relations, the officers unlike today men never quarreled with the women but looked after them and that way was born Anglo indian community in india, Bangalore cantonment had such things... so i have to say live in is no new idea as such.. indeed british wives knew the needs of their husbands due to biological needs...nothing new as such ....
GOOD JOB SIR....👍
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