the evergreen myth


written by Shreya at in category Social with 4 Comments


The evergreen myth

 

To great chagrin of the regressive population of India, live-in relationships are reaching heights of popularity. It provides the youth an opportunity to know their partner without engaging into a legally binding relationship with them. These easy-in easy-out relationships exclude the abhorrent mess of family drama and lengthy court procedures in case the couple decides to break up. Despite such on-the-face benefits, live-in relationships have been despised by a great majority of our country. It is palpable that the crowd which pronounces death penalty for pre-marital sexual intercourse would be wary towards the concept of live-in relationships as well.

 

The rights and duties of a individual are very important when it comes to fighting for your own right especially when it comes to woman, the women is regarded as the weaker sex in the society even though it not true but we need a strong uplifting laws for the woman. So before we get in a living relationship with need to be aware of the laws that preserve our rights as a woman.

In new delhi , there was a landmark judgment that can reduce the stigma of living in a live-in-relationship, the Supreme Court ruled out that couples living in live-in-relationships will be presumed legally married. The apex court also said that in case if the man dies, then his property will be inherited by his partner. Since 2010, the Supreme Court has ruled in favour that women should get the rights as that of a wife, in case of live-in couples. On November 28, 2013, the Supreme Court had held that live-in relationship is neither a crime nor a sin, while asking Parliament to frame law for protection of women in such relationship and children born out of it.

A woman under DV Act is entitled to claim remedy in case of physical, mental, verbal or economic abuse. In addition, remedies are conferred for alienation of woman’s property and restriction from use of facilities to which the abused is entitled. The abused has been granted several rights and protections under this legislation. If the Magistrate is convinced of domestic violence taking place, he can pass orders prohibiting the accused of any act of violence on the victim. In addition, Magistrate can pass restraining orders, order accused to provide monetary reliefs to the abused, which includes medical expenses, reimbursement for loss of earnings or property and maintenance. The woman, in such cases is also allowed custody of her kids, and a right to claim compensation for any harm caused.

The Delhi high court has refused to keep live-in relationships outside the purview of rape under the IPC, saying it would amount to giving them the status of matrimony, which the legislature has chosen "not to do".

A Madras High Court judge recently courted controversy after he projected sexual relationship as evidence of marriage in a bid to ensure equal application of law to live-in and married couples.

But this was not an isolated case of the judiciary making an all out effort to dole out maintenance to women unable to maintain themselves after a break-up.

The unequal treatment of two similarly placed women merely on account of the nature of relationship has often troubled judges who have tried innovative methods to ensure justice but there has been little move in this regard on part of the executive or the legislature.

In new delhi ,there was a landmark judgment that can reduce the stigma of living in a live-in-relationship, the Supreme Court on Monday, April 13, 2015 ruled out that couples living in live-in-relationships will be presumed legally married. The apex court also said that in case if the man dies, then his property will be inherited by his partner.

Though co-habitation without marriage was a rarity at the time, the Privy Council in 1927 held that marriage would be presumed if a woman was living with a man as his wife.

Thus, a man denying maintenance would have to rebut the presumption to escape the liability. 

Under personal laws, father is given the first right in case of a legitimate child, whereas mother is given the first preference in case of illegitimate child. However, this position has been overruled by the Supreme Court, and both, mother and father have been accorded equal rights over the child. Custody will be decided on the basis of facts and circumstances of each case.

It is trite that although widely considered immoral, live-in relationships do not constitute an illegal act.

Though Courts have sympathized with live-in couples and conferred certain rights over them, there is no legislation explicitly recognizing the legal rights of such couples. Thus, a couple, at any given time will have to prove in great length the consistency and seriousness of their relationship to avail of the rights accorded to them by the Courts..

So, if you are okay with the law as it is (or, as it not is) with respect to live-in relationships, ask your partner to move in today!

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Comment by Akhil Premji

Well Shreya!! Live in relationship is acceptable by the society now, as honourable supreme court approved it. Still different minds have different views on it. Now you can google and will find many sites offering sex in the name of live in relationship "CALL GIRL FOR LIVE IN RELATIONSHIP". I am sure, these things now destroy the society and social values.

No one can live happy, if he or she goes against parents, I am in favour of openness, but with consent of parents. Parents have more experience and only they are your best mentors. keep a side the present life of metro cities in India, still rest of Indian’s mind are not so open and frank to accept these relationships. 

Where marriage is a social binding and commitment to each other.

 

The Beauty Of Internal Marriage

© Amanda Madyosi

The beauty of internal marriage
It's sealed by love
Wrapped by happiness and peace
Obstacles may come still
it will stay strong like an iron,
sweet as honey

the beauty about it
no amount of lies can break it
it's build from a proper foundation
shaded by honesty
watered by Hope and Faith

the joys of internal marriage
it’s a journey of an Apostil
it’s like a merry go around
sometimes it’s up and sometimes it’s down
still
it bears fruits of life
the real beauty of internal marriage
it's lead by God filled with love
favored by few
hated by many

the beauty of internal marriage

 

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Reply by Shreya

thank you for your kind words sir, parents do serve as the most intregal part of child's life. no one can succed without thier blessing. but change is constant, we all need to adapt different thinking and prespective, if that doesnt happen the youth will be doomed, the openness is important in order to stop any activies in youth, the more open u will be the more open they will be with u and they will talk to you about stuff. and many a times parents are afraid to let loose thier there children because they think they might live them , but that not true, the more u push the more they come close.

happy reading.

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Comment by Mohit

A little confusing but nice article, something to think over. Few words to describe; We love western culture more than Indian culture in some aspects of life, just because it gives us more freedom and a belief to trust ourselves, and the Indian culture helps use western culture carefully and sensibly.

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Reply by Shreya

rightly put up sire. we must learn something from  the west but in our own limits and culture.

 

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Reply by Shreya

rightly put up sire. we must learn something from  the west but in our own limits and culture.

 

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Comment by Anuja

Hi Shreya... big appreciation for your another blog Nowadays more young people wish to experiment rather than get married, and as such live in relationships are becoming quite common. Live in relationships in India though not illegal are considered as moral or improper. However, many couple choose to live together in metro cities like Pune, Mumbai, Delhi etc Many of us object to this kind of relationship I think religious reasons are a primary factor that oppose live in relationships. living together before marriage is a violation of their moral beliefs on the sanctity of a sexual relationship between a man and a woman outside of marriage. However Live in relationships are still being preferred by the modern youth. And this is preferred for several benefits like Live in couples also enjoy spending more time with each other which might not be possible in a marriage because of time constraints In third the couples respect each other as they might have some insecurity or concern in the back of their head that they may lose the partner if they don’t behave right. While a marriage requires a lot of time and effort to dissolve because it a strict and unassailable arrangement, it is easy to break up with each other in a live in relationship One more , Live-in relationships guarantee immense financial freedom for both parties involved This is the main benefit of live in relationships over marriage. Couples don’t have to give up any rights nor accept any duties or responsibilities. Couples are free of any obligations and can choose to live their life as they please. Commitments ki koi tension nahi...

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Reply by Shreya

you are extremly right Ma'am. there is no fear of commitments in living relantionship. they are like walk in interview of marriage.

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Comment by Parshvi

I'd say that even after we have laws regarding live in relationships, there are lots of people who are unaware of the same. And even after having live in based judgements in favor of the women, the traditional Indian society does not accept the same.

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Reply by Shreya

it is true Ma'am the society resist to the change.. they are happy living in the traditional oblivion.

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