Live in relationship a socio legal comparative

Loren Epson About What is a Parent This collection of essays is the product of a series of seminars held at the University of Cambridge in under the auspices of the newly formed Cambridge Socio-Legal Group.

Live in relationship a socio legal comparative

June 23, Author: In the recent years, with the advent of westernization, we have seen that there have been many instances where the people has tried to copy the trend of west in order to get westernized and in the same line we see a new trend which is getting popular among the folk, mostly among the metro population, these days and which is often in news for something or other and that trend is the trend of living with a partner without being wedded with him or her i.

Live in relationship a socio legal comparative

The live-in relationship is a living arrangement in which an unmarried couple lives together which resembles a marriage. In common parlance, it is cohabitation [1]. The basic idea of conducting a live in relationship is that the interested couple wants to test their compatibility for each other before going for some commitment [2].

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Nowadays, an increasing number of couples choose a live-in relationship over marriage may be because they 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.

Whatever may be the reason, in such a situation, various social, economic and legal issues have arisen and continue to do so [3]. Live-in relationships in India are often seen as a taboo and a sin [4]. None of Indian statutes dealing with marriage such as Hindu Marriage Act,the Special Marriage Act, and so on recognize live-in relationships [5].

However, it is not very difficult to find unmarried people living in big metropolitans staying as husband and wife. A presumption is available if a man and woman are living under the same roof and cohabit for a number of years. Continuous and prolonged cohabitation raises a presumption in favour of marriage [10].

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The traditional Indian society however disapproved of such living arrangements, for several reasons [11]. First, society revered the institution of marriage. Secondly, if a woman was financially dependent on the man, the instability of such a relationship created a subservient status for the woman.

Till recently and even now in small towns and cities, there is much social criticism and stigma attached to such live-in relationships, forcing them to remain largely secretive. The Supreme Court in Lata Singh v.

Live in relationship a socio legal comparative

P [12] held that the live-in relationship is permissible only in unmarried persons of heterosexual sex of the age of majority. The brothers of Lata Singh had alleged that she was mentally unfit when they had protested her marriage. However this was held to be untrue when she was examined by doctors.

In Gokal Chand v. Parvin Kumari [14] the court cautioned that the couple would not get legitimacy, if the evidence of them living together was rebudivorce,table.

These decisions only served to recognize marriages which were doubted, on the basis that a long-term live-in relationship existed. However the courts did not recognize live-in relationships as independent of the institution of marriage, that is the presumption of marriage was a key element.

Suruttayan [15] the Supreme Court held that if a man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section of the Indian Evidence Act that they live as husband and wife and the children born to them will not be illegitimate [16].

This decision suggested that the law treats long live-in relationships as good as marriages. Consequently, live-in couples can separate informally without any formal divorce or the intervention of a court [20].Essay about Live-in Relationship: A Socio Legal Comparative Analysis Family Law Assignment Live in Relationship - A socio legal comparative analysis by Shantanu Derhgawen Roll number , Division C India, live in relationships have been a taboo right since the British raj.

Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science.

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Live in Relationship DIXIT SSIR. Uploaded by Aarif Mohammad Bilgrami. Related Interests COMPARATIVE JURISPRIDENCE MOHAMMAD AARIF My morality Vs States Morality rutadeltambor.com IN RELATIONSHIPS IN INDIAN SOCIO-LEGAL CONTEXTCRITICAL ANALYSIS The manifold augmentation in the number of live in .

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LIVE-IN RELATIONSHIPS: SOCIO-LEGAL ANALYSIS – LawSchoolNotes