Monday, 18 July 2022

Protection for Live-in Couples

 Protection for Live-in Couples


In order to address the needs of citizens, the protection of the right to life and liberty is a

fundamental promise made by those who drafted our nation's founding documents. Running

parallel to the development of jurisprudence of life and liberty protection for runaway couples

(whether interfaith, intercaste, or any other societal situations) and live-in partners, the Supreme

Court and the High Courts have developed jurisprudence that adapts and acknowledges the

constantly changing social scenario while expanding the application and scope of Article 21 to

include all spheres of human life. The Supreme Court of India and various High Courts around the

country have given protection to spouses and established the legal framework governing their life

and liberty.


When a court grants protection, it is frequently misconstrued by couples and partners as a sort of

court-ordered marriage. This must be differentiated from court marriage, which refers to the

process of registering a marriage with the Registrar of Marriages, and the court does not validate the

legality of any marriage (unless either spouse contests it), but rather protects the constitutional

rights of the parties involved. Recent research has revealed that couples who marry against their

parents' wishes or against the recognised standards of society are at risk of losing their lives,

according to the appearance of the threat. Honor killings in the name of family or social pride have

been observed in uncountable examples of inter-caste marriages, inter-religious marriages, and live-

in couples. Observations like these are completely antithetical to liberal democratic principles.


Our nation's founding fathers were fully aware of the socioeconomic conditions that existed at the

time of the Constitution's creation, and they took such problems extremely seriously. Except for its

application to other parts of the Right to Life and Liberty, Article 21 of the Constitution was a

significant step forward in terms of ensuring the safety and serenity of citizens and non-citizens

alike.

Who Has the Right to Seek Protection:


Couples who have abandoned their inter-religious weddings; couples who have abandoned their

inter-caste marriages

In any other socially inappropriate marriage, such as those made without the consent of parents and

relatives, runaway spouses are also a possibility.

Couples who have run away (whether interfaith, intercaste, or in any other socially inappropriate

situation);

In general, after reaching the age of majority, live-in partners are permitted.

Live-in relationships that are created before the partner reaches the legal marriageable age;

Partners who live with their spouses but have not filed for divorce from their wives;

After receiving a divorce, live-in partners are no longer permitted.

In addition, any any individual whose constitutional right to life and liberty is jeopardised;


Couples who are gay or bisexual and live together.


With its recent judgements, the Supreme Court has given all areas of society hope that the Court is

devoted to the Indian Constitution and that it is the ultimate custodian of citizens' rights. The

majority of India's High Courts have adhered to the legal framework established by the Supreme

Court of India. In recent years, the Supreme Court of the United States ruled that previous laws

based on Victorian morality were illegal and unconstitutional, and there is a significant chance that

further legislation of a similar nature may be ruled unconstitutional in the future.

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