Originally posted by: coolpurvi
In last sem a debate was oraginsed on marriage vs live in. It was a hot debate.
Will legal recognition to live-in destroy the institution of marriage????
Sociology says that marriage originated for regulation of sex in society
Religion says that it has some religious significance also. In Hinduism marriage is given the status of sacrament.
Now a days many people dont want to enter into a marriage. They prefer live-in. Main reason is that marriage requires more commitment n reponsibility. they dont have this faith that they will be able to live happily with someone for years. Esp boys do not prefer it because after marriage they become legally bound to maintain wife n children. Even after divorce they have to give heavy maintainence or alimony. One partner in live-in has much less right n responsibility compared to a spouse in marriage. It is easy to break up live-in and start a new relation at any point of time. Sometimes divorce cases last longer than the marriage itself. These factors have made live-in more attractive
Now the Maharastra Govt has decided to give right of maintainence to female partners of live in as per reccomendation of Justice Malimath Commiitee report of reforms of Cr.P.C . Many people have opposed it. They argued that in Indian soil live in relation shud not be given any legal recognition. It will destroy our culture etc etc. But in my opinion live in shud be given legal recognition n parterns shud hav some legal rights over each other n some legal resposibiltiy. It will no way harm the cuture or destroy the institution of marriage rather it will promote marriage. Many people avoid marriage n prefer live in to escape responsibily n to easily abondon one for another. Now when the element of responsibilty, maintainence will be attached to live in it will make the parteners more responsible toward eachother as in marriage. The biggest charm of live-in is "zero responsibility". the amendemet in Section 125 CrPC will destroy this merit of live in. Now the couple will prefer marriage to live in. Domestic Violence Act 2005 as already given legal recognition to live in
even i agree on this point... i hope with this people will change there mind and stick to marriage rather than going in live in...
but at the same time there must be loop holes in the same... there may be a cases where a person can deny that he is in live in relation ship with particular person.... or may conspire against someone that they are in relationship... is there any solution for such things....
We know that bigamy is illegal. In bigamy cases it is needed to prove both marriages in court. If one fails to prove that second maarige was solemonised fully according to rites n rituals the offender cannot be punished for bigamy. Marriage not solemonised in proper way according to essential or fundamental rituals of a community r not considered as marriage in law (except civil marriage poplularly know in India as "court marriage" where such rituals r not needed). For example marriage amongts hindus without the rite of saat phere or Saptapadi is invalid or no'marriage.
Only marrying another women during the subsistence of one marriage is illegal but is keep a another women in-live during the subsistence of the marriage illegal? No. So to escape being prosecuted for bigamy many people keep second or third wife in live-in then easily abandon her n deny any resposibilty. There was no way make such people responsible or deter them from stepping outside marital tie. Fear of paying heavy maintenance or alimony on abandonment or break up is a good way to deter such man from doing so. It will discourage them at to step outside marital bond n keep second or third wife through live-in.
Polygamy/Bigamy
Bigamy or polygamy is illegal for all in India except for muslim males who can keep four wives at a time. Now many men argue that there shud be equality n others too shud be allowed bigamy or polygamy. Many had converted themselves to Islam to have second wife. Our Hon'ble Supreme Court has held that such conversion done only with the object to have second or third wife r void ab intito n invalid n such man can be prosecuted for Bigamy. Koran allows male to have four wives at a time but on the condition that he shud treat them equally. Now days it not possible to please even one wife n treating four wives equally is not possible for any man in todays world. So if we truly interpet it we'll find that even Islam does not encourage pologamy.
either bigamy opr polygamy i don't have problem with that...
but that should be done after both parties agree on the same.. keeping in mind that doesn't cause further problem between partners.
thanks poorvi for all the infos.
CID
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