Tags Posts tagged with "Live In Relationship"

Live In Relationship

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Whenever there are fissures, confrontation, breach of trust and differences between the centre state relations, the harmful effects or the consequences are faced by the electorates of the state. And this is what is happening in the context of the confrontation between the Delhi chief minister Arvind Kejrval, his Aap party government and the centrally ruled BJP led NDA. Since the day Aam Aadmi Party government led by Kejrival assumed power in Delhi after defeating the Congress and BJP, since then the relations between BJP and AAP have been badly  at loggerheads.

The previous Lt governor of Delhi, an academician of repute, appointed on the recommendation of the then Congress CM Shiela Dikshit,  Professor Nazeeb Jung continued in office after the Congress’s route in Delhi and the BJP forming its government at the centre, three and a half year’s ago,  and shifted his loyalties by becoming the blue eyed boy of the prime minister following his each and every dictates. Arvind Kejrival then allegedly dubbed him as prime minister Modi’s  strongest sympathiser and had constant confrontations with, him finally compelling Jung resigning voluntarily to go back to his academics.

A day had not passed in the last 3.5 years when both the central govt and Arvind Kejrival had not been at loggerheads on various issues like water, electricity, corruption, appointments and regularisation of services of Delhi government employees. Kejrival had been usually targetting the central BJP government and at times even PM Modi for not allowing the state gvernment function independently and creating bottlenecks of their ways. Similarly the BJP central leaders and Congress Party have been targetting AAP and its lawmakers of encouraging corruption and nepotism with Delhi completely devoid of development during the last three year rule of Arvind Kejrival.

The ruling party AAP’s achievements on the water, electricity, education and health sectors have bothered and disturbed the BJP to a great extent and is apprehensive that may be in the next election, this time as well, it may again loose at the hands of AAP due to KEJRIVAL’S increasing popularity amongst the lower middle class and poor sections of the society including the minorities. The AAP on the other hand accuses the BJP leadership in the government of deliberately creating hiccups and botlenecks in the functioning of the Delhi government in order to defame and depopularise it in the eyes of the Delhi electorates.

It views the recent decision of the government to arbitrarily hike the Delhi metro fares without the Delhi government’s consent and request for postponement of the massive hike such an ulterior attempt to defame it in the eyes of the Delhi electorates. The Delhi CM Kejrival has argued that when his government is opposing this exorbitant fare hike and is prepared to contribute fifty percent of the supposed losses to the tune of 1500 crores annually, then why can’t the central government part half of the amount and defer or revoke its anti people orders of Metro fare hike. The Congress leader and president DPCC Ajay Maken said that the total annual generation of funds from the recent hikes come to around 800 crores which even comes to just half of Rs 1500 crores being paid by the DELHI government. Then what’s the need of Delhi metro fare hike and putting over thirty lakh commuters in financial mess and quandary.

SUNIL NEGI

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LEGALISED LIVE – IN RELATIONSHIPS: A FAR- FETCHED REALITY OR A DISTANT DREAM?

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DISTANT DREAM?

INDIA, though traditionally conceived as a conservative country, is slowly opening its doors to western ideas and lifestyles, one of which is the concept of live in relationships. It is an arrangement under which the couples which are unmarried live together to conduct a long- going relationship similar to a marriage. A live in relationship provides for a life free from responsibility and commitment unlike as in a marriage. Living-in is a convenient sub-martial relationship that may or may not lead to a legal marriage. But it leaves open the option of parting ways without undergoing the hassle of divorce, which may be compounded by a costly settlement obligation.
There are multitudes of reasons for the increased preference of couples to have live in relationship instead of a much- accepted matrimony. The basic idea behind conducting a live in relationship is that the interested couple wants to test their compatibility for each other before going some commitment. It may also be that couples in live-in relationships see no benefit or value offered by the institution of marriage or that their financial situation prevents them from being married on account of marriage expenses or to establish financial security before officially tying the knot. Certain individuals may also prefer to be in a live in relationship because in their opinion, relationships are their personal and private matters that ought not to be controlled by religious, political and/or patriarchal institutions.
Live-in relationships in India are often seen as a taboo and a sin. None of the statues dealing with succession or marriage such as the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 or the Indian Succession Act, 1925 and so on recognize live-in relationships specifically. Women in such relationships don’t possess any substantive rights under any law.
In the absence of any law to define the status of live in relationships, the Courts have time and again flexed their hands and accorded interpretation to this complex issue. Living together has been long considered to be presumption of marriage until some facts proven it to be otherwise under Section 114 of the Evidence Act.
The year 2010 was a significant year in the legal sphere related to live-in relationships, with the judiciary in both the Supreme Court and the High Courts delivering numerous decisions on the legal status of live-in relationships.
The live in relationship may be immoral, but is not illegal. Even the Judiciary has accorded legality to the concept of live in relationship and has protected the rights of the parties and the children of live in couples but there are certain grey areas which have not been adequately addressed. However, there is no law which makes a live in relationship illegal. The concept of live-in relationships have come out of the closet and even found partial recognition in law. There has been a huge societal change in the attitude towards live-in relationships for instance the case of multinational companies providing health insurance benefits to domestic partners of the employees.
Though the debate rages on in public forum with recommendations and opinions yet coming in from various authorities and Commissions to either amend the existing laws or desist from doing so, there have been no amendments to the existing personal law. It is thus, worthwhile to examine whether or not, live-in relationships can find their place in personal laws in the country.
The law needs to ascertain and clearly specify the length of time of cohabitation which will enable the person to be qualified as live-in partners in order to attain benefits flowing from such a relationship. It needs the immediate attention of the lawmakers to make it clear through suitable legislation otherwise different couples may be subjected to different yardsticks when they seek their rights. After all, live-in relationships are based on informal understandings.
Live-in relationships have been accorded a legal status by the Courts subject to certain conditions which are ambiguous and need further clarification. Until such clarification is notified by the Legislature, legalized live-in relationships appear to be a reality in the background of the judicial decisions, but they are ex facie a distant dream.

BY SANYA SINGHAL

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Today’s Indian society, what we considered as modern society, is acclimatizing to the recent culture of live-in relationship. Still, it is a huge predicament in the minds of few Indians when they come across the word ‘live-in’.  Currently, for the young generation the concept of cohabitation has become a solution to the problems like financial responsibility, variation in sexual orientations and of course lack of trust in marriage. However, such relationship is yet to be defined as a solution or a problem for today’s young couples. Well, here I am leaving the judgment on you and putting forward few disadvantages of a live-in relationship.

Societal condemn

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Although, the live-in relationship is an upward trend in Indian metropolitan, the society is yet to adapt it upfront. Specially, for the elderly generation, it is still considered as a ‘taboo’. As a consequence, it is observed that couples in such relationship are social deviants. They are often criticized, berated, and harassed for their personal preference.

Women: The ultimate victims

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Socially, physically and emotionally women suffers most if such relationship fails. In the Indian society, where the social norms are mostly considered as a male dominating social system, there, women are measured by their openness and they bear the worst if stepped out of conventions set by the system. For these women, finding a partner, who will understand the vulnerability of the situation, is close to an impossible task.

Lack of commitment

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The major disadvantage of a cohabitation relationship is lack of trust, which leads to the lack of commitment. Often seen that a small fight or argument or disagreement lead to either of the partners quitting from the relationship. Since, there is no social, financial or legal binding in the relationship, the door out is always open for the partners.

Impact on children

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Kids born in such relationship are significantly affected. It is observed that they cultivate a habit of disrespecting the rules. Additionally, if the partners get separated then the father holds no legal right to claim the child’s custody. It is the mother who can decide on the father’s claims. Also, the child from a live-in relationship has no legal right to allege the paternal inheritance.