Test Drive Legalized!

Before you expect anything from me in this article that I am going to provide any  kind of information about Cars or something like that..let me tell you that this article is about the legalized “live-in-relationships” in India. Yup it seems funny, but its like ‘Taking a test drive’ before buying a car! But the only difference is that even when you take a Car from a showroom for a test drive you do take care that all goes well with it and it does not suffer any kind of damage. But what is the case when its a girl living in a relationship without marrying? I hope that the people (rather girls) of my country are mature enough to think what is good and bad for themselves.

[image source]

India, a country of cultural values cannot afford to fall into western ways. But since growing economy and people getting more and more aware, India finally has to step ahead and walk with the rest of the world by legalizing Live-in relationship. The Hon’ble  Supreme Court of India in a recent judgment  concerning  South Indian  Actress Khushboo , affirmed that  a  ‘live-in-relationship’ will be acknowledged as a legalized marriage.  The bench headed by Justice Arijit Pasayat not only validated such a relationship, but going one step ahead, it said that the children born to such a parent would be called legitimate. Besides these children will have the rights in their parent’s property.

It’s a welcome step which would now safeguard the right of a women living in a relationship with a man for a long time without marrying. The major achievement of the decision is that earlier — Children of such parents were not treated at equal footing in the society, but now they would live with their head hold up straight. Born to either ‘in-wedlock’ or ‘out of wedlock’ children are children. In my humble opinion, children are never “illegitimate’…illegitimate are the parents. This thing has now been recognized by the law and henceforth they will have the right to be called ‘legitimate’ (which they deserve).

The apprehended disadvantage is that the new generation will be more spoiled. They will prefer live-in relationships instead of arrange marriage to escape from responsibility and indulging in any social bondage.

And what’s the guarantee that the male in such relationship will turn out to be a loyal partner in the long run?

What if he leaves the girl with kids and runs away without prior notice?

In   case of arrange marriage at least there is some emotional, societal, and family pressure that prevents them from taking such decisions.

Another negative point of it may be that this will affect the sanctity of marriage which is has its own importance in Indian culture.

Whatever…  But  Long-term live-in relationships are de facto marriages where there is no force, no obligation of parties to live together,  as long as they can bear each other they can live  together. But what  if the freedom becomes a game? A game to be played by men of our so-called civilized society….

Everything with the judgement is fine provided it is not misused by the ‘highly and absolutely cultured’ males of this male dominant society.

By Rachana Panthari on March 30, 2010 · Posted in Legal News

3 Comments | Post Comment

Sandeep Soni says:

I think this should not be legalized.

Posted on June 4th, 2010

rashmi shukla says:

hey rachana
i think your article is very nice
and i totally agree with the decision of the supreme court its a free country and every person has the right to live they way they want to live..
lets not put the society’s value upon them , i agree that this might ruin the cultural values but i think marriage should be based on love and if two persons are agreeing on having a “test drive” as you said it’s totally okay , because if the persons still want to live together there relationship will be a stronger one and people won’t have to live under a dead relationship just for the namesake of society’s values , which happens in india a lot…
and with these laws the position of the girl in such kind of relationship us being less controversial and much more safe 🙂

Posted on April 24th, 2011

Dr. GK Goswami IPS says:

HI Dear Rachna.
Wish u a deep sense of appreciation for ur excellent writeup on very sensitive issue especially from social point of view. In my opinion….
In the recent past Live-in relationship, u may call it TEST DRIVE has been given legal status by Hon’ble Apex Court. However, the cultural ethos in Indian subcontinent are all together different ever since time immemorial. The concubines, dassi, were the Indian blend for almost the same scenario. Indian Legal System recognize only offsprings from legitimate wedlock. The forwaded Indian beauties like Ms. Neena Gupta, a cine actor etc. have experimented but the long term evalution by themselves is certainly not very encouraging. Indian Legal System, as u know better, recognize and legitimize only, offsprings from legitimate wedlock through marriage. Even the laws on succession have the same fallout. Untill laws get modified accordingly, this relationship shall be in struggling stage and the female shall be the ultimate looser along with the child borne out of such relationship. There is a beautiful saying………

“……there can be no illegitimate child, there can only be illegitimate parent… ”
–George Bernard Shaw

Posted on May 8th, 2011