Legally Valid or What ?

It might be a matter of debate whether Lord Krishna and Radha lived together or not, but live-in relationships find ample support in Hindu mythology. To mention one, Bhima lived-in with Hidimba and had a son with her by the name Ghatotkach, who later fought for the Pandavas and was always considered a legitimate son of Bhima.Does it mean that they fall in the grey area between legal and illegal? In other words, is it so that the Indian society and its political alter ego - the Indian State - do not approve of pre-marital sex and live-ins but still tolerate their existence? Much of the hue and cry against live-ins is the byproduct of a misplaced sense of culture and decency. After all, marriages are nothing but socially endorsed live-in arrangements.


 

Mythologically speaking... both your example are untrue. Rfhika was much older and infact married to some one. Theirs was not even a romantic love. Bhima and hidamba were very much married and all the rotuals were performed according to Hidambs. Involving religion/mythology where the facts are not checked is so not a wise thing.

  • U
  • Posted: 25 Sep 2016
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If an unmarried couple is living together as husband and wife, then they would be presumed to be legally married and the woman would be eligible to inherit the property after death of her partner, the Supreme Court has ruled in 2015 . A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married."It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin," the bench said. Not only did the Supreme Court refuse to term live-ins illegal, but also clearly and unambiguously endorsed living together as part of 'right to life'. The Bench said, "What is the offence and under which section? Living together is a right to life."The Supreme Court talked of the similar kind of presumption of legitimacy when it ruled that in case of long span of cohabitation, marriage has to be presumed and the party challenging the marriage has to prove its case and not the other way round.

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The Indian state has actually begun to accept live in relationships, case in point bing the Anti-Domestic Violence Act which also applies to live in couples. As for the society, one needs to understand the importance of community in human existence. Especially for something like marriage, which ensure the continuation of human race. Change is happening, and like most social change, is gradual.

  • Mayank
  • Posted: 25 Sep 2016
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