Position in India for Live In Relationship :
In India, cohabitation had been taboo since British rule. However, this is no longer true in big cities, but is still often found in rural areas with more conservative values. Female live-in partners have economic rights under Protection of Women Under DV act 2005.
The Maharashtra Government in oct. 2008 approved a proposal suggesting a woman involved in such a relationship for a ‘reasonable peroid’ should get status of a wife.
The National Commission for women recommended to ministry of women and child development o june 30,2008 that definition of wife as described in Sec.125 of Cr.P.C. which deals maintenance ,suggested that it include women involved in a live in relationship. Aim of the reccommendation was to harmonising other sections of law with protection of women from Domestic Violence Act that a live in couple’s relationship on a par with that between a legally married husband and wife.
The move has came after justice malimath committee of the SC recommended that all states turn into this law.The committee observed that “if man and woman are living together as husband and wife for a reasonable long period ,the man shall be deemed to have married the woman.”
The malimath committee had also suggested that the word ‘wife’under Cr.P.C. be amended to include a ‘woman living with the man like his wife’ which means the woman would also be entitled to alimony.
In Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others AIR 2002, the Allahabad High Court ruled out that “a lady of about 21 years of age being a major, has right to go any where and that anyone –man and woman even without getting married can live together if they wish”.
In Patel and others case (2006) 8 SCC 726 the apex court observed that live- in –relation between two adult without formal marriage cnnot be construed as an offence.
In Radhika v. State of M.P. AIR 2008,the SC observed that a man and woman are involved in live in relationship for a long period, they will treated as a married couple and their child would be called legitimate.
In Abhijit Bhikaseth Auti v.State Of Maharashtra and Others on 16.09.2009, the SC also observed that it is not necessary for woman to strictly establish the marriage to claim maintenance under sec. 125 of Cr.P.C..A woman living in relationship may also claim maintenance under Sec.125 CrPC.
On 23.03.2010 the honourable SC in khushboo’s case,was of the opinion that entering into live in relationship cannot be an offence. A three judge bench comprising Chief Justice K.G.Balakrishnan,Deepak Verma and B.S.Chauhan said that “when two adult people want to live together,what is the offence. Does it amount to an offence ? Living together is not an offence, it cannot be an offence.Living together is a fundamental right under Article 21, Constitution of India”.
Intention of this post is not to hurt the feeling of anyone. Just a article I found suitable for the discussion. Thanks............ Ravindra.