In India, live-in relationships, despite having been around for a long time, pose a legal grey area that adds to the confusion couples must contend with as they live with and face the societal norms and the obscurity attached to the law. Yet, things have finally turned upward after the Bill on Uniform Civil Code was introduced to Uttarakhand. This accomplishment is a significant milestone towards achieving clarity and validating a live-in relationship, which from now on is seen as a positive move towards prosperity in India.
If this bill is enacted into law, it will mandate the registration of live-in relationships within a month of their commencement.This legal recognition will not only ensure accountability but also safeguard the rights of individuals. This progressive trend aligns with the evolving societal norms, emphasizing the need for the legal framework to adapt to new relationship models.
Besides the provisions of the Uttarakhand Act, individuals in live-in relationships also have some rights and protections under applicable laws. For example, the Domestic Aggression Act allows women to take refuge under its umbrella and ensures that they are now recognized as ‘aggrieved persons,’ hence having a provision to find justice through legal remedies.
Interestingly, according to Section 125(1)(a) of the Criminal Procedure Code, 1973, the right to maintenance stipulates that partners in a live-in relationship are owed the same level of financial etiquette as spouses in a regular marital union. Such a norm of the provision is of paramount importance for eliminating any financial vulnerability and establishing fairness within live-in relationships. So, promoting economic stability is a way to build confidence in couples within the living space.
In addition, children conceived by lives-in-together couples may also have immigration and custody issues. From the court’s verdict, cases of children born to couples in long-term live-in relationships no longer have to be considered differently when compared to those born within a legal marriage union for property distribution. Also, the difficulties in custody fights for the child according to the General principles of the Hindu Minority and Guardianship Act.
Nevertheless, on the occasion of patronage of such convictions, a specific juridical tool shall be used to deal with cohabitation. This, in turn, handicaps fundamental human rights enforcement as well as dispute resolution processes. Till the promulgation of the Uttarakhand Bill, the legal lacunae for recognizing live-in relationships as a legitimate form of human bonding were pervasive. But now, its provisions for registering and verifying the mutuality of the purpose serve as a bridge to provide legal recognition to live-in relationships.
Therefore, appreciation of cohabitation is a progressive phenomenon that allows people to accept divergent relationships and for freedom in cohabitant services. The Uttarakhand Bill, in tandem with the existing provisions on domestic violence and maintenance of relationships, infuses the dimension of all-embracing law for the rights and protection of the downtrodden in the live-in relationship.
Authored by: Dr. Rennie Joyy – Founder Aalekh Foundation
If this bill is enacted into law, it will mandate the registration of live-in relationships within a month of their commencement.This legal recognition will not only ensure accountability but also safeguard the rights of individuals. This progressive trend aligns with the evolving societal norms, emphasizing the need for the legal framework to adapt to new relationship models.
Besides the provisions of the Uttarakhand Act, individuals in live-in relationships also have some rights and protections under applicable laws. For example, the Domestic Aggression Act allows women to take refuge under its umbrella and ensures that they are now recognized as ‘aggrieved persons,’ hence having a provision to find justice through legal remedies.
Interestingly, according to Section 125(1)(a) of the Criminal Procedure Code, 1973, the right to maintenance stipulates that partners in a live-in relationship are owed the same level of financial etiquette as spouses in a regular marital union. Such a norm of the provision is of paramount importance for eliminating any financial vulnerability and establishing fairness within live-in relationships. So, promoting economic stability is a way to build confidence in couples within the living space.
In addition, children conceived by lives-in-together couples may also have immigration and custody issues. From the court’s verdict, cases of children born to couples in long-term live-in relationships no longer have to be considered differently when compared to those born within a legal marriage union for property distribution. Also, the difficulties in custody fights for the child according to the General principles of the Hindu Minority and Guardianship Act.
Nevertheless, on the occasion of patronage of such convictions, a specific juridical tool shall be used to deal with cohabitation. This, in turn, handicaps fundamental human rights enforcement as well as dispute resolution processes. Till the promulgation of the Uttarakhand Bill, the legal lacunae for recognizing live-in relationships as a legitimate form of human bonding were pervasive. But now, its provisions for registering and verifying the mutuality of the purpose serve as a bridge to provide legal recognition to live-in relationships.
Therefore, appreciation of cohabitation is a progressive phenomenon that allows people to accept divergent relationships and for freedom in cohabitant services. The Uttarakhand Bill, in tandem with the existing provisions on domestic violence and maintenance of relationships, infuses the dimension of all-embracing law for the rights and protection of the downtrodden in the live-in relationship.
Authored by: Dr. Rennie Joyy – Founder Aalekh Foundation
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