Author: Angel Singh, IILM University, Gurugram
ABSTRACT
The rise of cohabitation in India reflects a fundamental shift in personal autonomy, challenging the legal system to balance changing social realities with urgent recommendations for formalizing partners and inheritance rights. when two adult people live together or cohabit under one roof without being married and enjoy all the privileges of married couples is said to be in a live- in relationship. Even though there is absolute absence of comprehensive legislative regarding live-in- relationship but the Supreme Court said that under Article 21 of the Indian Constitution right to life & personal liberty each and every person shall have a right to choose their partners with to their own will so the concept of live in relationship is guaranteed under article 21 and lie-in-relationship is not illegal but still Indian society sees as a taboo on the name of culture. Even though people living in live-in-relationship needs to face many challenges firstly the social stigma which means the society judges the people specially women who are living with a male without being married and if a child is born from the live-in-relationship then the legitimacy of child is questioned and it doesn’t even know that if the child has rights in the inheritance of property & if both the persons decide to breakup or get separated then there is no proof of relationship because it was never legally binding then the question arise who will have the custody of the children and what is the maintenance rights available to the women . Similarly, there are also some benefits of live-in-relationship such as it helps to understand your partner better if there is compatibility between both of them and also there will be no pressure in getting married soon. As with the emerging of time people are trends to shifts towards live-in-relationship more which is a great way of judging your partners by which people will actual understand each other in a better way also the rates of harassments; divorce case and domestic violence case will be reduce for that the government of India needs to launch a comprehensive legislative rule regarding live-in-relationships.
KEY WORDS: Article 21; cohabitation; inheritance rights;Taboo on society; social stigma
INTRODUCTION
In the rapidly evolving socio-legal landscape of modern India , the judiciary has transformed live-in relationships from a societal taboo into a constitutionally protected fundamental rights . As Indian society navigates changing relationship paradigms, the absence of a comprehensive legislative framework has necessitated judicial activism to safeguard the rights of cohabiting partners and their children . while traditional statues do not explicitly define live-in relationship in India , the Supreme court has consistently upheld cohabitation between consenting adults as a fundamental right under article 21 right to life and personal liberty . The main question arises that what about the children born from this union ? what are the legal right of partner in a live -in relationship ? Do they enjoy any certain rights under Indian law . In the absence of specific law the judiciary steps in to take the lead in shaping the legal concept of the live-in relationship and said that Article 21 right to live & personal liberty which has include every person has a right and freedom to choose to choose there own partners . Even though the HIGH Court have ruled in favour of the live – in – relationship as because it protect from harassment and assault .
MEANING OF LIVE-IN RELATIONSHIP
A live-in relationship is an arrangement where two consenting adults lives together as a partner in a relationship resembling marriage without being legally married . Although not expressly regulated in India by specific law , such relationship have received judicial recognition and certain legal protection , particularly concerning the rights of women and children .
LAW RELATING TO LIVE – IN RELATIONSHIP IN INDIA
➢ CONSTITUTIONAL RIGHTS :
The recognition of live-in relationships is closely tied to constitutional rights. Article 21 provides for the right to life and personal liberty. In Justice K.S. Puttaswamy v. Union of India,¹², the Supreme Court held privacy as a fundamental right. This supports the argument that adults are autonomous in intimate relationships. Articles 14 and 15 provide for equality and non-discrimination. A refusal of maintenance based on the absence of formal solemnization of a relationship may be in conflict with the principles of substantive equality.Indian courts have given more importance to constitutional morality than to social morality.
➢ PROTECTION OF WOMEN FROM DOMESTIC VIOLANCE
The main legal provision regarding maintenance in live-in relationship is Protection of Women from Domestic Violence Act, 2005. Section 2(f) includes relationships “in the nature of marriage”.5 Under Section 20, courts may award monetary relief. This clause has allowed many women in long-term live-in relationships to claim financial support. The Act, however, does not set out explicit standards of duration or financial dependence.
➢ MAINTENACE RIGHTS
The maintenance rights of women and children is stated under section 144 -146 under new criminal law Bharatiya Nagarik Suraksha Sanhita, 2023[BNSS] . The Court suggested legislative amendments for live-in partners, stressing social justice and gender equality. Women who are able to establish long-term, socially recognized cohabitation are now entitled to maintenance . This prevents men from escaping responsibility by taking advantage of the technical absence of marriage. The judiciary, therefore, serves as a safety net, providing economic protection to women in true live-in unions.
JUDICIAL LANDMARK CASES
▪ Badri Prasad vs. Dy. Director of Consolidation
The order of the Court was delivered by KRISHNA IYER, J.-For around 50 years, a man and a woman, as the facts in this case unfold, lived as husband and wife. An adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the High Court. A strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. The contention deserves to be negatived and we do so without hesitation.
▪ S. Khushboo vs. Kanniammal
In 2005, actress Khushboo gave an interview to India Todaywhere she shared her thoughts on the changing dynamics of Indian society. Discussing pre-marital sex and live-in relationships, she opined that society should accept these choices, but advised girls to take adequate precautions against unwanted pregnancies and sexually transmitted diseases , the interview, over 20 criminal complaints were lodged against her across various districts in Tamil Nadu, largely by members of a political party. The complainants alleged that her statements were defamatory, obscene, and promoted immoral behavior among women. Khushboo approached the Supreme Court to quash these proceedings .
The Supreme Court’s Ruling
In 2010, the Supreme Court ruled in Khushboo’s favor, delivering a significant victory for free speech:
No Defamation: The court found no evidence that her statements were defamatory, as she had not targeted any specific individual or group.
Protection of Free Speech: The bench emphasized that the right to freedom of speech and expression allows individuals to express unpopular or unorthodox opinions on societal issues.
Legal Status of Live-in Relationships: The court explicitly recognized that a live-in relationship between two consenting adults is not illegal and does not violate moral principles.
Preventing Harassment: The court criticized the filing of multiple complaints as a malafide attempt to harass her and stifle public discourse.
KEY CHALLENGES & LEGAL ISSUES
• Social Stigma & Family opposition
• Difficulty in proving relationship status
• Legitimacy of children born
• Maintenance rights of women in live-in relationship
• Proof of relationship
• Property Inheritance Rights
• Domestic Violence Protection
• Separation & Breakup issues
• Custody and Guardianship of children
• Lack of Uniform legislation
ADVANTAGES OF LIVE-IN-RELATIONSHIPS
• Better way of understanding your partner
• Compatibility Assessment
• Shared Financial Responsibility
• Flexibility
• Reduces Social Pressure to marry immediately
CONCLUSION
In Indian society the concept of live-in-relationship is consider as social phenomenon a taboo which is violating their cultural values but that’s not true live-in-relationship concept is way where each person can easily judge the habits of other person with cohabiting each other and it will also ensure that if both the persons are compatible for each other or not . Even though the Supreme court said that live-in – relationship is not illegal in India as it is protected under the Article 21 right to life & personal liberty under which a person has a right to choose their life partner with free will and without any restrictions The suggestions I would like to put forward are the Indian government should enact a comprehensive legislative rule regarding live-in-relationship and people should be liberal enough to understand live-in-relationship is not a taboo is a great concept .
REFERENCE
➢ Bharatiya Nagarik Suraksha Sanhita , 2023
➢ The Domestic Violence Act , 2005
FQA
Why is live in relationship a taboo in our Indian society?
It is a taboo in our society because people still think that live in relationship is causing harm to our cultureal values as in India marriage is consider a only pure way by which a girl and boy can live together.
Can a woman in live in relationship claim maintenance?
Yes women in live in relationship can claim maintenance under The Domestic Violence Act
The children born from live in relationship are legitimate or not ?
Yes the children born from live in relationship are legitimate because The Supreme court has declared it.
