Synopsis of Family Law
Synopsis of Family Law
In another case (Khushboo case), Supreme Court expressed it opinion that entering into live in
relationship cannot be called as an offence. A three judge bench said that when two adult people
want to live together. Living together is a fundamental right under Article 21 of Constitution of
India. Today there is no express statutory provision to regulate such types of relationships upon
termination or disruption. Therefore need of the hour is formulation of laws and by-laws to cater
the current needs of the society.
Simran Yadav
Roll no- 180101136
Section - B
LIVE- IN –RELATIONSHIP
The Malimath Committee (on Reforms of Criminal Justice System, 2003) 61 made several
recommendations in Part IV, Chap.16 under the Head “Offences against Women” (Pg.197) has
observed; “that the definition of the word „wife‟ in Section 125 should be amended so as to
include a woman who was living with the man as his wife for a reasonably long period, during
the subsistence of the first marriage.62 On 31 March, 2011 a special Bench of the Supreme Court
of India consisting of G.S. Singhvi, Asok Kumar Ganguly in Revanasiddappa & Anr. vs
Mallikarjun & Ors.45 remarked that irrespective of the relationship between parents, birth of a
child out of such relationship has to be viewed independently of the relationship of the parents. It
is as plain and clear as sunshine that a child born out of such relationship is innocent and is
entitled to all the rights and privileges available to children born out of valid marriages. This is
the crux of Section 16(3) of the amended Hindu Marriage Act, 1955
The reason for choosing this topic is that this is a current issue relating to women’ rights and we
see many judgments coming in favour of live-in-relationships which are recognizing the
violation of rights of women and children born out of such relationship. People need to
understand that if rights are infringed then there must be solution to provide relief to women who
become the victims of such abusive relationship. Also live-in-relationship when seen in reference
to right to marriage is not a crime or sin therefore should be given legal status.
Simran Yadav
Roll no- 180101136
Section - B