In India, there is no specific law relating to live-in-relationships, but the courts have given various judgments that show that live-in-relationships are legal in India. Article 21 of the Indian Constitution speaks about the protection of life and liberty, which states that no person shall be deprived of his life and personal liberty except according to the procedure established by law. This fundamental right is given to all Indian citizens and foreigners as well. Hence, according to this section, a person can live together with another person without marriage or before marriage.
Live-in-Relationship: An Overview
In recent times, the concept of live-in-relationship has gained popularity across the world. It refers to a situation where two people live together without getting married. It is a modern-day concept that has emerged as an alternative to traditional marriage. The trend of live-in-relationships is on the rise, especially among young adults, who want to test their compatibility before getting married.
Origin of Live-in-Relationships
The concept of live-in-relationships is not new. It dates back to the origin of humans when Adam and Eve used to live together without getting married. However, in the 19th century, live-in-relationships were strictly prohibited in Europe. It was only in the 21st century that the trend of live-in-relationships started gaining acceptance in Europe. Today, around 17.0% of people in Europe are in a live-in-relationship. Similarly, in Canada, live-in-relationships were banned in the 19th century, but in the 20th century, the trend gained popularity.
In India, the concept of live-in-relationships came into existence in 1978 in the Badri Prasad V Board of Consolidators case. The Supreme Court made live-in-relationships legal in India with certain caveats. The basic conditions for a live-in-relationship in India are similar to the conditions for marriage. The parties should have completed the legal prescribed age, should have the capacity to give consent, and should not be minors.
Legal Aspects of Live-in-Relationships
Before 2010, the children born out of live-in-relationships were considered ‘illegitimate.’ However, after the case of Bharata Matha vs. Vijaya Ranganathan, the children born out of live-in-relationships were made ‘legitimate.’ The relationship of the parties can be termed as illegitimate, but the child born out of the illegitimate relationship is legitimate. The child born out of the said relationship can claim rights in his father’s property. The child can also claim over his mother’s owned earned property after the death of his mother.
Conclusion
In conclusion, live-in-relationships are gaining popularity across the world as an alternative to traditional marriage. While there is still no specific law relating to live-in-relationships in India, the courts have given various judgments that show that live-in-relationships are legal in India. The parties can enter into a live-in-relationship on their own choice, and they are free to end the relationship by their own discretion. However, both parties should not be married or have their spouse alive during the time of their live-in-relationship. The concept of live-in-relationships is here to stay, and it is up to individuals to decide whether they want to opt for traditional marriage or a live-in-relationship.