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Toxic-Marriage Vs Live - in Relations

Indian society and families have always been known all over the world for the depth and sweetness in relationships. Especially, the relation of husband and wife is known in the context of laying the foundation of a new society. People believe it’s a sacred relationship’ and ‘Created by God’. But, just as modernity and globalization are affecting every sphere of life, in the same way the wrong impact of these modern ideas is also being seen on marital life of couples. As a result, the relationship between husband and wife is not only deteriorating but also breaking up.

Needs of growing age, to fulfill the wish of extension of family and the taboos settled in the society - these are some specific reasons and the social truths for which it is necessary for any human being to get married. Even if the boy and the girl are mentally or emotionally ready for it or not. That is why the husband - wife relationship which is considered to be the closest in all relationships is deteriorating due to dominating and degrading each other, today. This ego driven behaviour between couples may rapture conflicting relationships which leads to spoil married life.

In some cases it has been seen, that if a partner sees his or her ego is getting hurt he becomes violent. Not only that instead of taking a stand for his partner in an opposite situation, he makes fun of him along with others and  Even suspicion if the partner is talking to a friend or family member. They start opting a reluctant life. The sense of mutual responsibility in both begin to fade away. All these are the symbols  of a mentally and emotionally  destructed husband-wife relationship. Which has been named as 'Toxic-Relationship'.

What is this toxic-relationship? How does it affect marital relations? What could be the side effects of it? Is it right to adopt the option of live-in relationship in such circumstances? Let us try to know through this article.

What is a ‘Toxic-Relationship’?

Regarding the symptoms of toxic-relationship Mental Health Therapist Arubha Kabir says- “Toxicity in a marital relationship is that stage where the relationship between a couple becomes so worse that there is nothing left in it except estrangement. In these situations, even while living with each other, partners start feeling weak mentally, emotionally and spiritually. Due to career, money, friends or any other reasons, they are unable to give time to each other after a few years of marriage. Apart from this, the feeling of mutual respect between the two does not exist even for a moment. Starts getting egoistic and obsessed  with the thought of 'Which of the two is more financially capable'. It would not be wrong to say that the relationship in which all the feelings have ended except for fulfilling of the physical need. such a relationship is called a 'Tainted-relationship' or 'toxic-relationship'.

How can a Toxic-Relationship affect married life?

Bitter reality is that when the marital relationship becomes toxic, both partner suffers a lot. Due to the fear of being humiliated in the society, they are forced to maintain a relationship and live together, but this relationship is not less than any torture or hell for them. Sometimes, the more emotional partner of the two goes into a state of depression. Failure to take the right decision gives rise to incidents like domestic violence, suicide or murder, whose victims are not only women but men also. According to research, in the last few years, due to the bitterness coming in married relationships, there is an increase in the statistics of criminal activities.


Now the question arises - In the perspective of ever-increasing bitterness in the marital relationship, is it a right option for  couples to choose ‘live-in relationship’?

It couldn't be wrong to say that Indian society has observed a drastic change in its living pattern by the past few years. People are slowly and gradually opening their minds towards the idea of ‘live-in relationships’ to avoid the over burden,  responsibilities and growing  estrangements in a married life. However, this change has been continuously under criticism and highly discussed as a burning topic. But, this approach of relationship still carry the lack of legality and acceptance by the society. Unlike marriage, in live-in relationships couples are not married to each other but live together under the same roof that resembles a relation like marriage.

Today’s youth and Live-in Relationship

Nowadays our young generation feel that ‘live-in relationship’ gives them the sense of freedom as well as the feeling of a conjugal life without the restrictions posed by the institution of marriage. In a live-in relationship, one can leave or stay whenever he or she feels things aren’t working out. They consider it as a walk-in, walk-out kind of relations. Today’s young generation want to enter into marriage only when they make sure that they are compatible and can spend their whole life with each other. In this way, they can easily choose their partner as per their wish and can spend time with each other and even get the freedom to make physical relations which is  hardly possible before marriage. Young couples  also believe that when our constitution gives 'Freedom of Life' under the ‘Article 21’ then how choosing a life partner by staying in a live-in relation could be immoral or unlawful.


Legal acceptance to live-in relationship in India

In a judgement of  the Supreme Court a three judge bench, Chief Justice K G Balakrishnan, Deepak Verma and B S Chauhan opined that a man and woman living together without marriage cannot be construed as an offence."When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,"

In a landmark case of S. Khushboo. Kanninammal(2010)5SSC600, the Supreme Court held that living relationship comes within the ambit of ‘Right to Life’ under Article 21 of the Constitution of India. The court further held that live-in relationships are permissible and the act of two major living together cannot can’t be considered illegal or unlawful.

In Lata Singh Vs State of UP &Anr., AIR2006 SC2522, The SC of India observed that live-in relationship between two consenting adults of heterogenic sex does not amount of any offence (with the obvious exception of adultery), even though it may be perceive as immoral.

In Indra SarmaVs V.K.V Sarma(2013)15SSC 755 Supreme Court said Live-in or marriage any approach of relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.


live-in relationships has acknowledged under Domestic Violence Act, 2005

For the very first time in Protection of Women from Domestic Violence Act, 2005 (Pwdva), the legislature has acknowledged live-in relationships by giving rights and protection to those females who are not legally married, but rather are living with a male individual in a relationship, which is in the idea of marriage, additionally akin to wife, however not equivalent to wife.

Let’s discuss the Cons of Live-in Relationship through few points

1.    1.As because there is no social responsibility exist in Live-in relations one can misuse this and can change the partner without any social or legal restrictions.

2. 2. In such relationship one partner who is emotionally weak can feel insecure after some time especially girls as the future of their relationship remains uncertain.

3. 3. According to some studies 80% of Indians still consider Live-in relationship a huge taboo, while 47% believe marriage is a much better option than Live-in type of relations.

4  4. Even in the today’s modern generation men prefer women who are virgin, which possibly difficult in a Live-in relationship.


5.  It has been observed that children born during live-in relationships are often victims of social depression.


6. It is not easy for a middle class couple to get consent from the elders of their family for a live-in relationship.


7.Even Punjab and Haryana HC clarified in a recent judgement that  “Live-in Relationship are morally and socially unacceptable and any legal protections can’t be given for such relation, the entire social fabric would get disturb if such protect is granted”.

Though Live-in Relationship gradually is getting legal approval in our country but, another worse truth cannot be ignored that even though a marital relationship has to go through hundreds of estrangements but it has complete legal protection. Whereas, even in today's modern era a live-in relationship has to face many legal and social implications. Indian Law still unclear about the status of such relationship. There is no particular law regarding the matter of live-in relationship in our country. There is still no enactment to lay down the rights and commitments for the parties in a live-in relationship, and for the status of children born to such couples.

Good and bad aspects are inherent in every relationship whether it is marital or live in. Keeping in mind the saying of the elders that “any relationship is very difficult to form, but it is easy to break”. A bitter and tainted relationship can be repaired and heal by mutual reconciliation in time, all it takes is some patience, understanding, emotional attachment, determination and a lot of effort. Now the decision is up to you, what approach of relationship do you choose?

 

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