In the last few days, Riya Chakraborty came into controversy after Sushant's death. Sushant's body was found to be dead in his house. Riya Chakraborty, Sushant's ex-girlfriend had already left him due to their personal differences. Even though this practice is still seen as taboo yet Live-in relationships are increasing in India. In Canada, if you live in together for more than 12 months then you get legal rights in the name of "Common law marriage". In the United Kingdom, this is known as "Common Law Spouses" which is included under the civil partnership act of 2004.

 

Even the Supreme Court Of India in one such case held that child born in a live-in relationship will be considered a legitimate child. Madras High court in its order held that a child born in a live-in relationship will have rights in their ancestral property. This order was changed by the Supreme Court of India. A Bench consisting of BS Chauhan and swatantra Kumar held that this child will only have the right to their parents' property. 

 

Even If Riya had used Sushant's credit card, it can't be seen as an offense as they had been in a Live-in relationship for more than a year. If Sushant willingly made Riya director in his company and took her abroad with him, then no one should have any issues with this. Today, Sushant is not with us to tell us what he actually desires. In the case of Khushboo Sundar(2010), The Supreme Court held that the right to be in a live-in relationship falls under Article 21. This comes under the right to life.

According to section 17 of the domestic violence act if an unmarried couple is staying together in the same house for a long period of time and the couple has a husband-wife-like relation, Then the woman can ask for maintenance under the Domestic violence act.

 

If a woman is in a live-in relationship, she can ask for maintenance under section 125 of CrPC.

 

These rights are very important to stop the abuse of women and help in giving them a respected place in society.

The time has come for us to change our mentality and raise voice against the patriarchal thinking of society. Offenses like Dowry practice, foeticide, and sexual violence are in existence due to the patriarchal mindset of people. 

 

If we want to make women safe and want to further the success of the slogan  "Beti Bachao, Beth Padhao" then it is important for us to give equal rights to our daughters, our sisters, and our wives in our mentality.

Abha Singh, 10/13/2020 12:00:00 AM


Related Blogs