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Indian Supreme Court says live-in relationship not a crime

Live-in relationship not socially accepted in India
Live-in relationship not socially accepted in India

Indian Supreme Court has termed live-in relationship as neither a crime nor a sin.

New Delhi, Nov 29/Nationalturk – In a landmark judgement, Indian Supreme Court has termed live-in relationship as neither a crime nor a sin but asked country’s parliament to frame law for protection of women in such relationship.

“Live-in or marriage like relationship is neither a crime nor a sin although socially it is unacceptable in this country,” said Supreme Court bench headed by Justice K S Radhakrishnan while hearing the case.

The court said the decision to marry or not to marry or to have a heterosexual relationship is intensely personal and many countries have started recognising such kind of relationship.

“Unfortunately, there is no express statutory provision to regulate live-in relationships upon termination as these relationships are not in the nature of marriage and not recognised in law,” the bench said.

‘Live-in relationship not socially accepted in India’

Live-in relationship has not been socially accepted in India, unlike many other countries.

The bench said although parliament has recognised a ‘relationship in the nature of marriage’ but not a live-in relationship which should also be given recognition.

Expressing regret that there are no statutes to regulate live-in relationships, the apex court asked Indian parliament to frame law for protection of women and children born in such relationship.

“Parliament should bring in proper legislation so that women and the children, born out of such kinds of relationships, are protected. The legislation is must as it is the woman, who suffers because of breakdown of such kind of relationship,” the bench observed.

It, however, said maintaining an adulterous relation would not come within the ambit of live-in relationship which is to be protected by law.

‘Legislature cannot promote pre-marital sex’

“The legislature cannot promote pre-marital sex and people may express their opinion, for and against,” the Supreme Court bench said.

Explaining further, the court  said, “Polygamy, that is a relationship or practice of having more than one wife or husband at the same time, or a relationship by way of a bigamous marriage that is marrying someone while already married to another and/or maintaining an adulterous relationship that is having voluntary sexual intercourse between a married person who is not one’s husband or wife, cannot be said to be a relationship in the nature of marriage”.

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Faiz Ahmad / NationalTurk India News

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