RIGHTS & OBLIGATIONS OF UNMARRIED COUPLES
RIGHTS & OBLIGATIONS
OF UNMARRIED COUPLES
WRITTEN BY: ARADHANA
4TH YEAR, 7TH
SEMESTER
FAIRFIELD INSTITUTE OF
MANAGEMENT & TECHNOLOGY
EDITED BY: MUSKAN PRASAD
3RD YEAR,
B.A.LLB(HONS)
AMITY LAW SCHOOL, NOIDA
INTRODUCTION
When
two people enter a relationship, they become legally married. But what about
unmarried couples? Are their rights and obligations the same?
The
following article is for unmarried couples who want to live together before
marriage and the responsibilities and obligations that come with it, as well as
their legal rights, which they should be aware of.
There
is a new trend in society where unmarried couples want to live as husband and
wife, and their intentions are also good. They live in a house and have
informed society as well. They even share their earnings. They became dependent
on each other but refused to participate in marriage rituals. They do not
consider marriage to be a necessity.
Live-In
Relationship has been illegal in India since British rule. Couples cohabiting
before marriage are often considered culturally inappropriate and immoral for
some sections of Indian Society. However, this is no longer true in big cities
but is still often found in rural areas with more conservative values. In India,
live-in relationships are taking place at its peak, but the concept of live-in relationships
is still relatively new, and our society still has a long way to go to accept
them completely.
Live-in
relationship under Indian law
On November 26, 2013, the Honourable Supreme Court
stated in the case of Indra Sarma vs
V.K.V Sarma that live-in relationships can be classified in five ways:
1. A
domestic cohabitation between a significant unmarried female and a significant
unmarried male. It is considered the most basic type of live-in relationship in
India
2. A
major unmarried woman and a married man entered into mutual domestic
cohabitation.
3. These
are the most common types of live-in relationships in India.
4. A
domestic cohabitation between, that was entered unknowingly by a major
unmarried woman, and a married man is also punishable under the Indian Penal
Code, 1860.
5. As
in India, no matrimonial law for homosexuality has yet been defined. Therefore,
domestic cohabitation between partners who are homosexual, cannot lead to a
marital relationship.
Provision of Law
regarding Live-in Relationship-
There
is no provision of law that clearly tells the rights and obligations of live-in
relationships.
In
2003, a Report came on “Reforms of
Criminal Justice System” in which Dr. Justice V.S. Malimath was the chairman.
He gave two recommendations in this report-
1. That
the evidence regarding men and women living together for a sufficiently long
period should be enough to draw the presumption that the marriage was performed
according to the customary rites and ceremonies of the parties.
2. Thus,
it is proposed that the word ‘wife’ in Section 125 of the Code of Criminal
Procedure should be altered to include a woman who was living with the man like
his wife for a reasonably protracted period.
In
2005, an Act called the Protection of
Women from Domestic Violence Act, 2005 came in India. Section 2 (f) of this
Act defines “domestic relationship” as a relationship between two persons who
live or have, at any point of time, lived together in a shared household or
through a relationship in the nature of marriage. This definition of domestic
relationship goes beyond the confines of the marital relationship and even
includes live-in relationships in the nature of marriage.
Law Presumption on
Marriage-
Law
Presumption is not a statute or not taken from any law books. It is judicially pronouncement.
Law Presumptions are judge-made laws in all countries.
Ø Judgments of Supreme
Court of UK on the presumption of marriage.
1.
Lousia Adelaide
Piers & Florence A.M. De Kerriguen v. Sir Henry Samuel Piers; Citation-
[(1849) II HLC 331]
2.
Sastry Velaider
Aronegary & his wife v. Sembecutty Viagalie & Ors. [(1881) 6 AC 364]
3.
Dinohamy v. W. L.
Balahamy; Citation [AIR 1927 P. C. 185]
In all these judgments above, the law presumes in favor
of marriage where two parties live together as a husband or a wife for a sufficiently
long period. And if they are telling society about their relationship then the law
can presume.
Ø Judgments of the Supreme
Court of India on the presumption of marriage.
1.
In Kamala & Ors. v. M. R. Mohan Kumar,
the Hon’ble Supreme Court set aside the High Court order and held that in the
proceedings for maintenance under Section 125 of CrPC, strict standard of proof
is not necessary, unlike matrimonial proceedings where strict proof of marriage
is essential.
2.
In the case of Tulsa and Ors. v. Durghatiya and Ors.,
Supreme Court held that where the parties lived together for a long spell as a
husband or wife, a presumption arises in favor of a valid wedlock.
Protection against
exploitation of women in a live-in relationship-
1. Maintenance
to the female partner
Under
all personal laws in India, wives have the right to maintenance. However, none
of the religions acknowledge or approve of cohabiting relationships. The
Criminal Procedure Code's definition of maintenance has been expanded by Indian
courts because women who are living with someone have no legal remedy.
To
give female partners in or out of the marriage a legal right to maintenance,
Section 125 of the Criminal Procedure Code was created.
2. Domestic
Violence
The
Domestic Violence Act of India was put into effect in an effort to safeguard
women from violent marriages. In a marriage, a woman not only suffers physical
violence but also faces mental, verbal, or financial problems in their life.
However,
Section 2 (f) states that it also applies to relationships that have "the
nature of marriage," so it does not just apply to married couples.
CONCLUSION
Even
though a live-in relationship in India may be sanctioned by the courts, it is
still frowned upon by society. Proper legislative enactments are necessary to
determine the various other rights arising out of live-in relationships, such
as rights over property, custody rights of children, etc., in addition to
protecting the rights and interests of the partners in these relationships.
REFERENCES
https://www.shethepeople.tv/law-and-her/legal-rights-of-unmarried-couples/
https://www.thebetterindia.com/132607/want-to-get-into-a-live-in-relationship-here-are-the-rights-you-need-to-know/
https://www.studyiq.com/articles/rights-and-duties-of-unmarried-couples-indian-judiciary-free-pdf-download/
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