Live-in relationships not a sin; frame laws to protect women in such relationships, says Supreme Court

Expressing its discontent on the absence of any express statutory provision to regulate live-in relationships upon termination, since these were not in the nature of marriage and not recognized by law, a landmark judgment has been pronounced by a Supreme Court bench headed by Justice K S Radhakrishnan.The bench held that a live-in relationship is neither a crime nor a sin. It has asked the Parliament to frame laws for protection of women in such relationships and children born out of these. The apex court also framed guidelines for bringing live-in relationships within the expression "relationship in the nature of marriage" under the Protection of Women from Domestic Violence Act, 2005.The apex court bench said though socially unacceptable in this country, a live-in or marriage-like relationship is neither a crime nor a sin and it is an extremely personal decision to marry or not to marry, or to have a heterosexual relationship and therefore the court felt that there was a need for a legislation as it was the woman who invariably suffers because of the breakdown of such a relationship. The apex court bench also gave examples of various countries that had started recognizing such relationships. It said the Parliament should give this issue a serious consideration and bring in proper legislation or make a proper amendment to the Act, so that women and the children born out of such kinds of relationships can be protected, though such a relationship might not be a relationship in the nature of a marriage.The apex court understood the fact that the legislature, of course, cannot promote pre-marital sex, though, at times, such relationships are intensely personal and people may express their opinion, for and against; but according to the court, such relationship may endure for a long time which can lead to dependency and vulnerability. It said that there is a need for adequate and effective protection, especially to the woman and children born out of live-in-relationship considering the increasing number of such relationships.The bench, however, made it clear that maintaining an adulterous relation, polygamy, or a relationship by way of a bigamous marriage cannot be said to be a relationship in the nature of marriage and would not come within the ambit of live-in relationship which is to be protected by law.Read/Download Here

Live-in relationships not a sin; frame laws to protect women in such relationships, says Supreme Court

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