"Shaadi is dal chawal for pachaas saal till you die ... arre life mein thoda bahut keema pav, tangdi kabab, hakka noodle bhi hona chahiye nah?!"
This popular dialogue from the movie Yeh Jawaani Hai Deewani probably defines the status of Live-in Relationships in India very aptly, at least from the point of view of our so-called progressive society !
The concept of marriage has been given the highest pedestal in the Indian society since time immemorial. And as our Bollywood movies also highly recommend that- 'Ladka aur ladki sirf achhe dost nahi ho sakte', we only tend to subjugate a man and a women's connection with marriage.
In a society that looks down upon Love marriages, talking about a labelled western concept of that of Live-in relationships might appear to be a foolish thought. However, Live-in is slowly but gradually gaining the much needed attention in the Indian scenario, where the parents teach us that talking to a stranger is dangerous, but when it comes to marriage, a stranger is the best suited 'arranged' match for us! Hypocrisy at its best !
While making this video, the most shocking revelation that came in front of me was people's knowledge about the legal status of Live-In Relationships in India. Most people confuse illegality and immorality of this less understood concept.
Live- In relationships are very much legal in india, for all those who don't know! Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act. Cohabitation or live-in relationships in India though not illegal, is considered socially and morally improper.
After the Delhi High Court judgement in 2010, The Supreme Court in the case of D. Velusamy v.D. Patchaiammal held that, a ‘relationship in the nature of marriage’ under the 2005 Act must also fulfil the following criteria:
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time, and in addition the parties must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act.
Merely spending weekends together or a one-night stand would not make it a ‘domestic relationship’. It also held that if a man has a ‘keep’ whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, in our opinion, be a relationship in the nature of marriage’.
Quick conceptual notes:
1. There is no proper definition of Live-in relationships in India as it is an evolving concept and the society disregards it.
2. The definition of a Live-in couple too is ambiguous in nature and hasn't been legally defined in a proper manner.
3. No Indian law defines the moral, ethical, economic or any other responsibility of a live-in couple which further adds to the problem in cases of fallout of a live-in couple and the resulting dispute.
4. The rights of a woman in a live-in relationship has been an unexplored territory.
5. The rights of the child born from a live-in relationship is another slippery slope. It not only raises moral questions about the acceptance of the child by the society but also raises the debate about the child's upbringing in an environment that is considered to be not-so-conducive by our society since his/her parents aren't married.
As a citizen, i tried to bring this issue to my reader's notice! I would be delighted to see your response to both my video and my thoughts !
By-Riya Chhibber
Member
Group- Epsilon
