People “prefer” live-in relationship over marriage because it “provides a convenient escape when things fail to work between partners,” the Chhattisgarh High Court observed.
A division bench of Justices Goutam Bhaduri and Sanjay S Agarwal was hearing a habeas corpus petition filed by a man challenging the decision of a lower court, which denied him the custody of his child born in a live-in relationship with a woman.
“If the couple (in live-in relationship) wishes to break up, they enjoy the freedom to split unilaterally, irrespective of the consent of the other party and without having to go through the cumbersome legal formalities in the court,” the High Court observed.
The court, however, said live-in relationship does not provide the security, social acceptance, progress and stability which the institution of marriage does.
In India, the court said, non-solemnisation of a relationship as a marriage is considered as social stigma as social values, customs, traditions and also legislation have attempted to ensure stability of marriage. But, it cannot be denied that problems can occur in marriages and women tend to suffer more on marriage breakdown.
“It cannot be denied that problems occur in marriages and there may be unequal relationships in which one partner, most commonly women, is in a disadvantageous position. It is also true that on breaking down of relationships through marriage women suffer in far greater terms, especially in Indian context,” the Chhattisgarh HC judgment said.
The bench further said the close inspection of society shows, due to the cultural influence of the Western countries, the institution of marriage no longer controls the people as it did before. This remarkable shifts and apathy towards matrimonial duties have probably given rise to the concept of live-in relationship, it noted.
It then stressed upon the need to protect women in live-in relationships as “they are most often the complainant and victim of violence by the inmate partners of live-in relationship.”
“It is very easy for the married man to walk out of the live-in relationship and in such case the courts cannot shut their eyes to the vulnerable condition of the survivor of such distressful live-in relationship and children born out of such relationship,” the HC opined.
The plea Chhattisgarh High Court was hearing
The court was hearing a plea in which a Muslim man had entered in a live-in relationship with a Hindu woman. On August 21, 2021, they were blessed with a child. However, things turned sour gradually in the relationship and on August 10, 2023, the woman left the petitioner’s house along with the kid.
Following this, the man had filed proceedings before the family court seeking custody of his child, claiming to be capable of taking care of the kid since he earned well. However, the family court turned down his application and refused to grant him the custody of the child.
He then had filed the petition before the High Court. After considering the facts of the case, the court said it was conscious of the fact that live-in relationships are still considered a stigma in the Indian culture.
“Live in relationship is an imported philosophy contrary to the general expectations of Indian tenets. No trick would be available to hide the spot. In Indian tradition each of citizen possesses a sense of self that is unique and unlikely to be confused with imported traditions. There cannot be mere inglorious object than to adopt live in relationship to destroy the interwoven culture in society and tradition,” the made these observations before it dismissed the petition.
With inputs from Bar & Bench
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People prefer live-in relationship over marriage as it provides easy escape: Chhattisgarh High Court
