Live-in Relationship: A Socio Legal Comparative Analysis
Family Law
Assignment
Live in Relationship- A socio legal comparative analysis by Shantanu Derhgawen
Roll number 13010124214, Division C
India, live in relationships have been a taboo right since the British raj. However, this is no longer entirely true amongst young couples in big cities like Bangalore, Mumbai, Delhi, etc. However, one can not deny that maintaining such relationships in most of the country’s rural areas would be nothing but to invite loads of unwanted attention, or may be even trouble. The government, however, has been taking various measures for the past few years (especially after the intervention from the judiciary) to protect the interest of female live in partners. In one such move, the government had extended economic rights to women in live in relation under the Protection of Women from Domestic Violence Act 2005. Similarly, the Maharashtra state government in 2008 granted a proposal suggesting a woman involved in cohabitation for a “reasonable period” should be given the status of a wife. In the same year, the Ministry of Women and Child Development was urged by the National Commission of Woman to include female live in partners in the definition of wife as described in the Section 125 of Cr PC. The objective of this recommendations was to harmonize various other sections of law with the Protection of Women from Domestic Violence Act, 2005. Justice Malimath Committee of the Supreme Court recommended that this be turn into a law by all states. The committee had 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 also recommended that the word ‘wife’ under Cr.P.C. be amended to include any “woman living with a man like his wife”.
In the Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others trial (2002), the Allahabad High Court ruled that “ a lady of about 21 years of age being a
Assignment
Live in Relationship- A socio legal comparative analysis by Shantanu Derhgawen
Roll number 13010124214, Division C
India, live in relationships have been a taboo right since the British raj. However, this is no longer entirely true amongst young couples in big cities like Bangalore, Mumbai, Delhi, etc. However, one can not deny that maintaining such relationships in most of the country’s rural areas would be nothing but to invite loads of unwanted attention, or may be even trouble. The government, however, has been taking various measures for the past few years (especially after the intervention from the judiciary) to protect the interest of female live in partners. In one such move, the government had extended economic rights to women in live in relation under the Protection of Women from Domestic Violence Act 2005. Similarly, the Maharashtra state government in 2008 granted a proposal suggesting a woman involved in cohabitation for a “reasonable period” should be given the status of a wife. In the same year, the Ministry of Women and Child Development was urged by the National Commission of Woman to include female live in partners in the definition of wife as described in the Section 125 of Cr PC. The objective of this recommendations was to harmonize various other sections of law with the Protection of Women from Domestic Violence Act, 2005. Justice Malimath Committee of the Supreme Court recommended that this be turn into a law by all states. The committee had 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 also recommended that the word ‘wife’ under Cr.P.C. be amended to include any “woman living with a man like his wife”.
In the Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others trial (2002), the Allahabad High Court ruled that “ a lady of about 21 years of age being a