Team  SoOLEGAL
LIVE-IN RELATION AND LAWS IN INDIA
Team SoOLEGAL 8 Oct 2024

LIVE-IN RELATION AND LAWS IN INDIA

INTRODUCTION

Live-in relationships are the newest form of cohabitation among partners who are not legally married to each other. Its acceptance in India, especially in cities, is unprecedented. Yet, the practice has always been a matter of debate, particularly on its lawfulness and social legitimacy. In a country where traditional weddings have dominated partnerships for centuries, the introduction of live-in relationships signaled a turning point in the marital tides. The Indian legal system has adapted to a new reality and, for the first time in our legal system, has established a framework for the protection of rights and welfare of those participating in such relationships.

 

Legal Status of Live-in Relationships

Article 21, Constitution of India provides the right to personal liberty, which has been construed to include the right of privacy as well as the freedom of choice in matters of personal relationships. Therefore, although a live-in relationship is not unlawful per se, it has not been formally recognized like the institution of marriage.

 

Judicial Recognition of Live-in Relationships

Indian courts have played a significant role in clarifying the dimensions of legality to such relationships. The judiciary has evolved to recognize cohabiting couples' rights under the Domestic Violence Act of 2005, as well as the maintenance laws.

1. Protection of Women from Domestic Violence Act 2005- PWDVA

The PWDVA defines domestic relationships broadly, inclusive of live-in relationships within its purview. Section 2(f) of the Act defines a domestic relationship as referring to a relationship between two persons who live, or at any point in time have lived together in a shared household. This definition has enabled women in live-in relationships to claim protection against abuse and entitlement to maintenance under the Act.

2. Section 125 of the Code of Criminal Procedure, 1973 (CrPC)

Maintenance laws were only designed with legal marriages in mind. Now, the door is open to live-in relationships as well. A woman can seek maintenance under Section 125 of the CrPC if she establishes that she has a relationship similar to that of a wedded couple. This therefore prevents women in live-in relationships from the vulnerabilities of remaining financially drained.

 

Landmark Case Laws on Live-in Relationships

There are several landmark judgments that have helped in defining clarity about the legal rights of partners in live-in relationships in India. These cases reflect how judicial attitudes have evolved toward recognizing rights involved in live-in relationships.

1. Badri Prasad v. Dy. Director of Consolidation, 1978

In the case of this judgment, the Supreme Court of India formally recognizes a relationship that had gone on for 50 years live-in. It ruled that such a relationship is valid and the couple shall be presumed to be lawfully married considering the long duration spent together. This was probably one of the first cases where the judiciary took a liberal view of the live-in relationship.

2. S. Khushboo vs. Kanniammal & Anr, 2010

This was a landmark case wherein the Supreme Court had quashed criminal charges against the actress Khushboo, who had made some public statements in favour of pre-marital sex notion and live-in relationships. The Supreme Court pronounced that live-in relationships do exist and are legal not an offense punishable under criminal law. This judgment has proved that living together is a matter of personal choice, and two consenting adults cannot be prosecuted under any law for such relationships.

3. D. Velusamy vs. D. Patchaiammal, 2010

In this case, the Supreme Court espoused the principle of "relationship in the nature of marriage." It laid down that all live-in relationships cannot find their place under the legal fold, and especially under the PWDVA. If a live-in relationship is to be qualified for legal recognition, it shall have such criteria as to seem like a marriage. The Court provided guidelines as follows:

·       The couple must appear to be like husbands and wives.

·       They must have cohabitated voluntarily for a substantial period.

·       They must have been of marriageable age according to law.

·       They must be unmarried or if the parties had earlier been married, that previous marriage must be declared to have been dissolved by a divorce that was effective before the date of their entering into this relationship.

This judgment made a clearer definition of live-in relationships thereby differentiating casual relationships with those resembling marriages.

 4. Indra Sarma vs. V.K.V. Sarma, 2013

In the case of Indra Sarma, the Supreme Court explained the concept of "relationship in the nature of marriage" further. Here, the Court held that for determining a live-in relationship not even similar to a marriage, it cannot be brought under the PWDVA. The court also set some parameters to decide whether the relationship between the couple is similar to marriage or not:

·       The period of relationship

·       Common home

·       Pool of resources and common money

·       Sexual relationship, children, and social identity.

This was a significant step in distinguishing between those relationships that may garner legal protection and mere cohabitation agreements.

5. Nandakumar & Anr v. State of Kerala, 2018

In this case, the Supreme Court interpreted that two consenting adults in a live-in relationship are entitled to protection under the law, even if one of them has not attained the marriageable age. The Court ruled that such a relationship is not illegal. The verdict is also significant in upholding the right to personal liberty in live-in relationships.

 

Rights of Children Born in Live-in Relationships

Live-in relationships: The child born of such live-in relations is entitled to certain rights, which are protected under the law. In fact, in the case of Tulsa & Ors vs. Durghatiya & Ors, 2008, the Hon'ble Supreme Court has ruled that children born from live-in relationships were also legitimate children and entitled to the same rights as children born to married couples. So, the illegitimate nature of children born in such relationships cannot make a discrimination in inheritance rights.

Besides, the Honourable Supreme Court of India, in Revanasiddappa vs. Mallikarjun, 2011 cited that a child's illegitimacy should not be the basis for determining his or her rights. The rights to property of children born in live-in relationships are the same as children born in marriage.

 

Social Acceptance and Challenges

Despite legal recognition, Indian live-in relationships have faced stiff social resistance, primarily in conservative and even rural communities. The other challenges are social stigma, moral policing, and less support from family for the couples going into the live-in arrangement.

In addition, the judicial consideration of live-in relationships usually rests with the courts. Though progressive judgments have protected women and children, there are no uniform laws governing live-in relationships. The position is controversial.

 

Conclusion

Live-in relationships in India have undergone transformation from being socially unacceptable to achieving legal recognition and protection under specific conditions. In many judicial pronouncements, the rights of women, children, and partners in live-in relationships have been safeguarded to a great extent. However, the absence of an all-round legislation on live-in relationships creates a legal vacuum that can only be filled through judicial interpretation case-by-case. As the socio-economic and cultural norms change, this legal fabric of live-in relationships would likely move forward, providing clearer guidelines and much-needed protection to those who have chosen this lifestyle.

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