Live-in relationship is an “imported philosophy” and against the “expectations of Indian tenets”, and that it is still considered a “stigma” in the Indian culture, the Chhattisgarh High Court observed, holding that the institution of marriage no longer controls the people as it did in the past.
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BILASPUR: The Chhattisgarh High Court addressed the complex issue of live-in relationships in India, labeling them as an “imported philosophy” and asserting that they conflict with traditional Indian values. This statement was part of a broader discussion surrounding a custody case involving a child born from such a relationship.
The bench, comprising Justices Goutam Bhaduri and Sanjay S Agrawal, critically evaluated the impact of cultural shifts on traditional matrimonial duties. They noted,
“The close inspection of society shows that the institution of marriage no longer controls the people as it did in the past due to the cultural influence of the Western countries and this significant shift and apathy towards matrimonial duties has probably given rise to the concept of live-in relationship.”
This reflection underscores a perceived erosion of societal norms and the adoption of Western relationship models that do not align with conventional Indian expectations.
The case involved Abdul Hameed Siddiqui, who appealed for custody of his child born from a live-in relationship with a woman named Kavita Gupta. The couple had been together for three years and married in 2021 without undergoing religious conversion. Despite their marriage under the Special Marriage Act, 1954, complexities arose due to Siddiqui’s existing marriage under Islamic law, which permits polygamy.
The High Court’s deliberations revealed deep-seated concerns about the legal and social recognition of live-in relationships. The court stated,
“The security, social acceptance, progress, and stability which the institution of marriage provides to a person is never provided by live-in relationship.”
The judges addressed the legal challenges faced by individuals in live-in arrangements, particularly focusing on the vulnerabilities of women and children arising from these relationships.
The court expressed a need for protective measures, highlighting,
“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 a distressful live-in relationship and children born out of such relationship.”
This case not only reflects the ongoing legal and ethical debates surrounding non-traditional relationships in India but also serves as a critical examination of how Indian law interprets and interacts with changing social norms.
As India continues to grapple with the blending of traditional values and modern influences, the Chhattisgarh High Court’s remarks provide insight into the judiciary’s role in navigating these changes. The decision highlights the tension between global cultural trends and local societal expectations, setting a precedent for future legal interpretations of similar social issues.
The case is pivotal in understanding the broader societal and legal implications of accepting or rejecting non-traditional relationships within the framework of Indian cultural and legal norms. As such relationships become more visible, the legal system’s role in addressing and adjudicating such matters will undoubtedly continue to evolve.
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