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'Live-in' proposal gets mixed reactions

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Talking 'Live-in' proposal gets mixed reactions - October 10th, 2008

'Live-in' proposal gets mixed reactions


MUMBAI: The Maharashtra government's nod to the 'live-in' proposal has received mixed reactions, with a section of the people raising fears of its misuse.

The state government recently approved a proposal which gives the status of a 'wife' to a woman, if she is involved in such a relationship for a "reasonably long period".

Nishita John, a professional working in a consultancy firm feels that the government need not bring in a legislation to regulate live-in relationships.

"If the relationship between the two individuals is consensual, then both should also consider how they will manage if the relationship should fail.. it is not for the state to decide anything," she said.

Based on the recommendations of Justice Mallimath Committee which said if a man and a woman are living together as husband and wife for a "reasonably long period", the man shall be deemed to have married the woman according to customary rights of either party, the state government had approved the proposal on October 8.

The Committee had also mooted that the definition of the word 'wife' under Section 125 of the CrPC, be amended to include a woman, living with the man like his wife for a "reasonably long period".

However, the definition of "reasonably long period" is missing from the recommendation, which has left many worried on account of its worthiness and ramifications as it may be grossly misused.

"The period for which the couple live together should be clearly defined to ensure that it cannot be misused," Vivek Jaiswal, a software professional said.

He felt such a legislation would be needed if the number of long-term live-in relationships was found to be high.

Indian cities have been seeing a growing number of live-in relationships, a concept once frowned upon as being too 'Western', and popular culture like films have also begun to accept the reality of its existence.

Women's rights activist and lawyer Veena Gowda said the new definition of a wife under the CrPC would provide some financial protection to women who are in relationships that are deemed as marriage by the society they live in but have no
legal standing.

"The amendment would be more useful to women living in rural areas. In many areas polygamy still exists with no legal rights for the second wife under law," she said.

Experts feel that the debate over the amendment was a larger one that extended beyond live-in relationships, which are more an urban phenomenon.
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