INDIA DEMANDS STATUTORY PROTECTION FOR LIVE – IN RELATIONSHIPS
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Abstract
The worldwide concept of the family includes a husband, a wife and their children. The law will protect that family if it is built on any kind of legal foundation, known as a marital contract. At the same time, other concepts of family should also be recognised. One among the so-called new forms of the family is a live-in relationship. It is a union between a man and a woman when persons live together on a permanent basis without having a registered legal marriage. Thus, this concept raises a question: for qualifying a legally protected marital status, whether an expressed marital contract is necessary or an implied contract based on the intention of parties itself constitute a marital relationship. Even though the live-in relationship is unacceptable to traditional Indian society, some people opt this relationship due to several reasons and some people mistakenly hang on to this relationship. It is not fair to exclude such families from the preview of legal rights. However, now there is an urgent necessity to enact a new legislation that deals with the rights of the live-in relationship partners and creates their obligations with duties thereby confining the realm of such relationship along with some major amendment on existing law. Though it is challenging many existing societal setup, the law so enacted should keep in mind the basic structure of traditional law that persists in the Indian society. Thus, this paper deals about the necessity of protecting the live-in relationships in the nature of marriage.
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