Rights of women in live in relationship – in relation with Shraddha murder case:
-By Jui Mahajan
These days headlines are filled with the term live in relationship, credits to the recent heinous case of Shraddha Walkar. The question that often strikes our mind is What exactly is a live in relationship. Although Live-in relationship is difficult to define, it refers to domestic cohabitation between two unmarried people. Live-in relationships are becoming increasingly prevalent among couples. It has a very distinct moral and legal background in India. Live-in relationship is the concept of two individuals, either heterosexual or homosexual in nature live together under one roof or in one place or a house hold as a couple with or without an intention to make the relationship permanent legally in future through marriage. It basically is when two adult individuals live with each other and perform all activities which a married couple carries on without marrying each other. In India this type of situation is generally seen in metropolitan cities and tire-1 cities. As marriage creates a lot of responsibilities on both the man and woman along with their families, couples now a days prefer to live with each other without marrying. Marriage is a life changing turn and hence to check compatibility with each other, this kind of arrangement is followed by many couples. This results in less possibility of divorces in future if couple decides to marry each other.
In India, no law declares live in relationship as a criminal or wrongful act. Cohabitation or live in relationship is neither a crime nor a sin but is socially unacceptable in our country.
Laws related to Live in relationships in India
Laws related to Live in relationships are still of a big question in our country. No specific laws are present but existing laws are altered and interpreted in such a way that live in relationships come under their ambit.
Some such laws are-
Article 21 of Indian Constitution:
Article 21 protects the Right to life and personal liberty of an individual. In case of S.Khushboo Kanniammal and Anrs it was held that right of Cohabitation with each other is an important part of right to live and personal liberty under Article 21 of Indian Constitution.
The Protection of Women from Domestic Violence Act, 2005
Live in relationship has characteristics of a marriage as the couple basically cohabit with each other like a married couple and hence the woman can seek protection as well as maintenance under this act against any domestic violence. This indirectly gives a legal backing to live in relationships.
The code of criminal procedure, 1973
In case of Abhijit Bhikaseth Auti v. State of Maharashtra and Anr (2009) it was held that a woman need not prove her marriage relationship in order to seek maintenance under S.125 of CrPC. Which indirectly means that a woman in live in relationship can also claim for maintenance under the same.
Relevant Case Laws
Badri Prasad v. Dy. Director of Consolidation (1978)
In this case it was observed for the very first time by supreme court that live in relationship between consenting adults is legal if essentials of a valid marriage are present. These include legal age of marriage, free consent, and soundness of mind.
Lata Singh v. State of U.P. (2006)
It was observed that even though live in relationships are considered unethical, they are not illegal under any law of Indian legislation.
S. Khushboo v. Kanniammal and Anr (2010)
The supreme court held living in together is protected by right to life and personal liberty under Article 21. And hence even if it is considered immoral by society, it is no offense under the law.
Indra Sarma v. VKV Sarma (2013),
The Supreme Court held that if both partners are unmarried and enter into a mutual relationship, it does not constitute an offence.
Shraddha Walkar Murder case:
In recent case of Shraddha Walkar, Aftaab Poonawala was arrested in accusation of murder of Shraddha, who was his live in partner. Shraddha Walkar met Aftaab Poonawala in Mumbai while working in a call center. Soon they fell in love and decided to marry but because of no support from Shraddha’s family, she eloped with Aftaab to Delhi and was living with him there without marrying him. She tried to talk to Aftab about their marriage and he denied every time which eventually lead to a fight between them and according to Aftaab’s statement he killed her in heat of moment. After such killing, he gruesomely chopped her body in 35 pieces and tried to dispose it off. This makes us question the validity and safeness of partners in live in relationship. Even though Constitution of India under Article 21 gives validity to this kind of relationship and CrPC protects women under S.125 of the act, it still is lacking in various areas. Live in relationships have no laws which back it specifically. Moreover no matter what law backs, the society still will not consider live in relationships and children born out of it as a part of society.
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