So far, India`s judicial system has been the most consistent when it comes to acknowledging such links. However, with regard to the protection of women`s rights in such relationships, the Indian judiciary was prepared to deliver justice to the most vulnerable members of society. Family law experts advise cohabiting couples to address these and other issues in a written cohabitation agreement, similar to a prenuptial agreement. The contract should spell out how the couple distributes expenses and owns property, whether they have joint or separate bank accounts, and how their assets will be distributed if one of the partners dies or leaves the relationship. Property acquired during cohabitation, such as real estate, furniture, antiques, works of art, porcelain, silver, tools and sports equipment, can be disputed if the partners separate or if one of them dies. To avoid this, the agreement should make it clear who has the right to do what. Section 2 (f) of the Domestic Violence Act uses the phrase „at any time“, which indicates an important period of time for establishing and maintaining such a relationship, which may vary from situation to situation depending on the circumstances. For the first time in Badri Prasad v. Dy.
Director of Consolidation (1978) The court stated that under Indian law, a residential relationship between consenting adults is legal if the requirements of marriage, such as legal age of marriage, consent and mental health, are met. There are no rules that allow or prohibit such connections. This article examines the emerging problem of life in relationships. The concept of „Mitru Sambandh“ is nothing more than a concept of „life in relationship“ or „living relationship“. The concept of „life relationship“ is a problem or not is a controversial issue. In general, the growing concept of a life relationship in modern times means that a man and a woman without marriage stay together as friends. It is an unstable form of family. Many people imagine that living together before marriage is like a car for a test drive.
Life relationships are not new in our society. The only difference is that people have become open about it now. So let`s see the exact meaning of the life relationship. Meaning of „Life Relationship“ „It is better to have a life relationship than to live a divorced life!“ This is common and promotes life relationships in the world. Living in relationships is not new in Western countries, but nowadays the concept also adapts its roots to the East. The word live is controversial in many ways in Eastern Europe. The legal definition of couple life is „a life agreement in which unmarried couples live together to have a long-term relationship similar to marriage.“ In some parts of the world, these types of relationships are valid, but some countries are very strict in accepting the concept. It has been found that the younger generation is wider to accept life in relationships. Mentality behind the „life relationship“ We know that marriage is of two types: „arranging marriage and loving marriage.“ After marriage, we don`t know if she succeeds or not? Therefore? If the marriage arrangement is for two people in love, why do couples tend to live in relationships? This question may have several answers, but it has been found that almost every couple who is in a life relationship is ready to get married one day. But before that, they want to spend time together to understand each other and discover their compatibility. Because they believe that if they find themselves incompatible after marriage, they will have no choice but to compromise their lifestyle. Also, some couples believe that weeding is just a waste of money because they think their love doesn`t need paper certification or social drama.
The reasons can be many, depending on the different mental configurations. Necessity of the modern world We humans are moving towards „modernization. Today, many traditional communities around the world are at the forefront of denouncing life relationships; They found it against their religious concerns and social foundations. But it must be understood that emotional connections and relationships can never be pressed by power. The concept of living is not a problem, it`s just thinking. And it must be maintained rationally. If young people are more influenced by the concept, then the ethical and legal communities of the world need to take some necessary steps to keep the concept original and rational. Despite the threat that lives on people from life relationships, it is necessary to support and help couples who cohabit so that they can one day enter into a healthier and more social relationship.
Provisions relating to residential relationships 1) Situation outside India European countries are the most affected by „residential relationships“. In most places, it is legal for unmarried people to live together. The law, introduced in France in 1999, provides for „civil solidarity pacts“ that allow couples (including same-sex couples) to cohabit and have the same rights as married couples in areas such as income tax, inheritance, housing and social assistance. Couples who wish to enter into such a relationship can register before a clerk and terminate the contract unilaterally or bilaterally with a simple written statement giving the partner a period of three months. Section 147 of the Philippine Family Code provides that if a man and a woman capable of marriage live together exclusively as husband and wife without marriage or in a null marriage, their wages and salaries belong equally to them and property acquired by both parties through their labor or industry is subject to the rules of co-ownership. 2) Position within India India, a country with cultural values and ritual ceremonies, cannot afford to immerse itself in Western society. But as the economy grows and people become more aware, India must finally move forward and move forward with the rest of the world by legalizing the residence relationship. A country like India would allow its citizens to do that, but it is a fact. The Supreme Court ruled today that a man and a woman living together without marriage cannot be interpreted as a criminal offence. „If two adults want to live together, what is the offence.
Is it a criminal offence? Living together is not a crime. This cannot be a crime,“ noted three Chief Justices K G Balakrishnan, Deepak Verma and B S Chauhan. The court said that even Lord `Krishna and Radha` lived together according to mythology. The Supreme Court has stated that there is no law prohibiting life in a relationship or premarital sex. The Apex court reached this conclusion while reserving its verdict on a special permission application made by famous South Indian actress Khusboo [S. Khushboo vs. Kanniammal & Anr. (2010) 5 SCC 600 (see paragraph 31)] to drop 22 criminal proceedings against her after allegedly advocating premarital sex in interviews with various magazines in 2005.
The judges questioned lawyers for some of the plaintiffs in the case, repeatedly stressing that perceived immoral activities could not be characterized as a criminal offense. The defense lawyer`s argument was that his comments, which would advocate premarital sex, would offend the minds of young people, leading to a deterioration of the country`s moral values and ethics. „Please tell us what the crime is and under which section. Living together is a right to life,“ the Supreme Court said, apparently referring to Article 21, which granted the right to life and liberty as a fundamental right. The Apex court went on to say that Khusboo`s views were personal. „How does this affect you? We don`t mind. It is at most a personal point of view. To what extent is it a criminal offence? According to which provision of the law? The chamber asked the defence lawyer. The Supreme Court also asked the plaintiffs to provide evidence showing whether the girls had fled their homes after the interview. „How many houses are affected, you can tell us,“ the bank asked, asking if the plaintiffs had daughters. When the answer was negative, they hit back, „So how are you negatively affected?“ Khusboo appealed to the Supreme Court after the Madras High Court rejected her request in 2008 to quash criminal charges against her throughout Tamil Nadu.
Life Relations: Law in Perspective in India The news spread like wildfire in the national media, which is the Supreme Court decision in D. Velusamy v. D. Patchaiammal [AIR 2011 SC 479]. Although Additional Attorney General Indira Jaising strongly disagreed with the gender-insensitive terminology used in the decision, it is clear that no alimony is available for a concubine in India, as the decision will remain here. The Supreme Court considered the maintenance application of a woman who claimed to be a wife in a relationship that had been in the household for several years (about which we have already written with reference to a Supreme Court decision). The court held that the concept of penalty that applied to such relationships was not recognized in India and that, although the Domestic Violence Act recognized housing to some extent, not all such relationships were entitled to maintenance unless they met the requirements set by the court. The Supreme Court also commented on these relationships, which have been described as de facto marriages and the popularity of family marriages as a social phenomenon, and have even been recognized by Parliament under the Domestic Violence Act 2005.