LIVE IN RELATIONSHIP- A BATTLE WON YET NOT WON

Abstract

Marriage is the union of man and woman forming the foundation stone of the society. It is considered to be a pious ceremony in the lifetime or “jeevan-chakra” of a human being. However, nowadays the concept of marriage has given way to a new emerging trend in the society among the youngsters- live-in relationship. Live-in relationship refers to a marriage-like setup where no marital rights and duties exist between the parties. It is a sort of temporary phase with no legal obligations on either party. The judgment of Supreme Court in Nandakumar vs State of Kerala has set the wind to blow towards legalizing live in relationship. Live in relationship has emerged as a substitute for marriage -a way to avoid martial obligations and liabilities.  In a this case a 19-year-old girl Thushara, who had married a 19-year-old boy Nandakumar on 12.04.2017, was sent to the custody of her father by the Kerala High Court on the ground that Thushara was not lawfully wedded to Nadakumar as Nandakumar was not of a marriageable age, the bench of Dr. AK Sikri and Ashok Bhushan, JJ removed Thushara from the custody of her father & held that the freedom of choice would be of Thushara as to with whom she wants to live. The practice is mostly prevalent at large in metro and big cities. The number of youngsters opting for live in relationship seems to be at rapid rise. The author discusses the meaning of live in relationship and the status of live-in relationships in other countries across the globe. The paper analyses the effect of legalizing live in relationship on the society and on individuals.