Sunday, December 23, 2012

Live-in- Relationship and Indian Judiciary

Live-in- Relationship and Indian Judiciary
The expression ‘live-in-relationship’ in its ordinary sense to mean that two people living together without intending to establish any kind of permanent relationship between them. This kind of relationship has emerged primarily out of convenience. Partners in such kind of relationship initially lack the commitment with each other. The main element that works in such relationship is ‘compatibility’ between such partners. Due to modernization and city culture, we are observing this kind relationship in few parts of Indian society. Different kind of persons may be involved in such relations. Unmarried man and unmarried woman or married man and unmarried woman or unmarried man and married woman or persons of same sex may live together. The main issues that concern every one who is interested in the progress of the society are namely, a) whether the Indian society is prepared to accept such new kind of relationship? b) What are the repercussions of accepting or rejecting of such relations on the continuity and progress of the Indian society? c) Should the new law be made in India to regulate such kind of relationship? d) What are the consequences of legalization of such relationship on married partners? Should the existing laws relating maintenance, guardianship, succession and inheritance be amended to accommodate such relationship? e) What is the role of Indian judiciary in the sphere of emerging of such relationships? The trend of Indian judiciary is so far not consistent with regard to recognition of such relationships. But in so far as the protection of the claims of women in such relations is concerned, the Indian judiciary is firm in its stand to render justice to the vulnerable section of the society.
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