Author: Maghavatpriya H G, a student at SASTRA Deemed to be University
Abstract
The shifting social landscape in India signals a substantial shift in relationship dynamics, especially with the emergence of couples in live-in relationships. This article seeks to discuss the legal systems that govern live-in relationships, contrasting it to traditional marriage. This article explores the judicial recognition of these relationships through landmark judgements, the rights and protection afforded to partners, and the status of children in such unions. The pros and cons of a live-in relationship, the rights of the individuals involved in such relationships, and the implications of cohabitation agreements are also discussed. This also includes the status and rights of the children born from these unions in addition to reviewing statistical data on the latest case laws passed by the Court. Ultimately, a greater and deeper need for a specific legal framework in India is highlighted, as it could help balance the complexities of modern relationships with their modes and means of operation and provide assistance and guidance to individuals trying to negotiate their paths through the changing relationship dynamics.
Introduction
Marriage has been respected for centuries as a sacred vow in Indian society and the institution of marriage is closely interwoven to cultural and religious customs. However, in modern times, the current seems to turn towards other forms of relationships, like live-in relationships. A live-in relationship is a living arrangement in which couples without the bond of marriage live together and behave like a married couple. This type of cohabitation deviates from the conservative perspective of commitment and brings along opportunities as well as ambiguities in the law. The current acceptance in society for live-in relationships shows the changing patterns of behaviour towards such modern practices, especially in the case of younger generations who prefer their own choices and independence rather than following traditional norms. While the prevalence of live-in relationships is on the rise, they deal with an extremely complex legal outlook in India. While certain judicial decisions have recognized such relationships, it has often become a struggle for partners to prove and contest their claims for one another due to a lack of defined legal framework. That poses a multitude of issues, ranging from the issue of maintenance to the rights of children born from such unions. The struggle between the judiciary and these relationships is ongoing, making it crucial to study rights of the partners in a live-in relationship within the ambit of legal protection via various statutes and the general dynamics as a family. This article aims to undertake an in-depth study of cohabitation vis-a-vis marriage in India by looking into the recognition of live-in relationships by law through significant case laws and the rights and duties of the partners, and its impact on society when equipped in choosing cohabitation over marriage. This would also assess the pros and cons of live-in relationships. This article also advocates for specific legislation to guard the changing realities of modern relationships in the society.
Recognition of Live-In Relationships in Legislations
The concept of live-in relationships is not alien to India and it has been prevalent in many parts of the territory in the contemporary period. The legal recognition of live-in relationships was a recent development in the law and it was first recognized in the Domestic Violence Act, 2005. The Act was legislated to provide protection to the women who are victims of violence in a ‘domestic relationship’ and the term was defined as a relationship between two persons who are living or have lived together in a shared household and are related by marriage, consanguinity or a relationship like marriage, adoption or are members living together as the members of a joint family. Under the said definition in Section 2(f), live-in relationship comes under the ambit of a relationship similar to a marriage. Thus, live-in relationship has been recognized in this legislation and it has been further affirmed through judicial recognition.
Judicial Recognition of Live-In Relationships
The vacuum of a proper definition of live-in relationship in the law is filled with those definitions and recognitions given by the Indian Judiciary in its judgments under certain circumstances. There have been traces of acceptance of live-in relationships even by the Privy Council. In the case of Dinohamy v. W.L. Balahamy (AIR 1927 PC 185), the Privy Council had laid down for the first time that where a man and woman are proved to have lived together as man and wife, the law will presume that they are living together as a consequence of valid marriage and in a state of concubinage unless contrary is proved. This ruling was later reiterated in the case of Mohabbat Ali Khan v. Muhammad Ibrahim Khan and Others (1929) with a significant addition that the law presumed in favour of marriage and against concubinage when a man and woman have cohabited continuously for a number of years. After 1950, the Hon’ble Supreme Court of India in the case of Gokal Chand v. Parvin Kumari followed the same principle laid down by the Privy Council in Mohabbat Ali Khan case, it was also added further that the continuous cohabitation of man and woman as husband and wife may raise the presumption of marriage but such presumption is rebuttable and if there are circumstances which weaken or destroy such presumption the Court cannot ignore them. Thus, Indian Judiciary has gradually acknowledged live-in relationships, recognizing them as a legitimate form of companionship under certain circumstances. Several key judgments which have paved the way for this recognition:
Lata Singh v. State of Uttar Pradesh (2006) 5 SCC 475
In this judgement, the Supreme Court emphasised the importance of live-in couples having legal protection from societal pressures. It was held that such partnerships should not be viewed with suspicion, and the ability to choose one’s partner as an essential domain of personal liberty which comes under the ambit of Article 21.
Khushboo v. Kanniammal (2010) 5 SCC 600
It is a landmark precedent where the Supreme Court pronounced that live-in relationships form part of the right to life and personal liberty under Article 21 of the Constitution. The court took cognizance of the fact that the relationship should arise out of individual will, and thus there is a need for a progressive interpretation of interpersonal relationships.
D. Veluswamy v. D. Patchaiammal (2010) 10 SCC 469
The Supreme Court distinguished between mere cohabitation and a live-in relationship deserving legal recognition. It laid down the necessity for the relationship to be stable, permanent, or of certain duration so that it will gain legal recognition and the parties can have protection under law. This case also provided the conditions under which a woman in a live-in relationship can claim maintenance.
Indra Sarma v. VKV Sarma (2013) 15 SCC 755
It is a landmark judgement which delineated the characteristics of live-in relationships and the conditions under which they are deemed valid. The Apex Court held that a stable and continuous relationship resembling marriage would qualify for recognition and it was also held that there must be sufficient protection for the women and the children who are born out of such relationships.
Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
In this pivotal case, right to privacy was recognised as a fundamental right under Article 21. This judgement affirmed that an individuals’ autonomy in choosing their personal lives without unwarranted intrusion also included them being in a live-in relationship out of their own volition.
Thus, the Indian Judiciary does not appreciate the idea of a live-in relationship but at the same time it has not denied the recognition of such personal relationships; in the given circumstances it has recognized live-in relationships as an individual’s personal liberty and also advocates for the protection of the rights of the women in such relationships and the children born out of such relationships.
Rights Available to Partners in a Live-In Relationship
A live-in relationship lacks the formal structure of a marriage but there are some rights and protections which can be availed by the partners. The rights offered to a person in a live-in relationship are as follows:
Right to cohabitation and protection:
The individuals in a live-in relationship have a right to live together without the legal bond of marriage according to their own terms and they have the freedom to choose with whom they live with. This right is ensured by Article 21 under the ambit of personal liberty. The couples in a live-in relationship have a right to have their choice of being in a live-in relationship protected from any intrusion. The Supreme Court underscored the extension of protection towards the partners in a live-in relationship in the case Lata Singh v. State of Uttar Pradesh.
Right to be protected against domestic violence:
The Domestic Violence Act, 2005 was legislated with the intent to protect the women in domestic relationships suffering from violence. Since live-in relationships come in the ambit of domestic relationships which is defined under Section 2(f) of the Act, the women in live-in relationships have a right to be protected against domestic violence and can also avail the right to monetary relief under this Act. This right to be protected under the Act has also been reiterated in judicial precedents.
Right to maintenance:
The legislation which ensures right to maintenance for women in live-in relationships is the Criminal Procedure Code (CRPC); under Section 125 of CRPC, women in live-in relationships can make a claim for maintenance. This right was laid down in the case of D. Veluswamy v. D. Patchaiammal. The Court also laid down the conditions under which a live-in relationship can be considered equivalent to a marriage and the circumstances under which maintenance can be claimed. These conditions were laid down in the landmark verdict of Indra Sarma v. VKV Sarma.
Status of Children Born out of Such Relationships and their rights:
One of the important aspects of the institution of marriage is that it legitimises the children born out of the marriage. Thus came the question regarding the legitimacy of the children born out of live-in relationships and their rights. Previously the children born out of live-in relationships were considered to be illegitimate but the recent developments in the judicial precedents have rendered the children’s status legitimate. The rights of these children has been laid down in the following judicial pronouncements:
Tulsa v. Durghatiya (2008)
It was held by the Supreme Court that if the parents have continued to be in a live-in relationship for a considerable period of time, the children born out of such relationships have a legitimate status. It was also highlighted that if the parents of the children are no longer together, they still have a duty to care and protect the child.
SPS Balasubramaniyam v. Suruttayan
This case emphasised that if a man and woman are living under the same roof and have been living together for certain years, they will be assumed to be a couple under Section 114 of the Indian Evidence Act and their children would be considered to be legitimate.
Bharata Matha v. R. Vijaya Renganathan
In this case it was held by the Supreme Court that the status of the children born out of live-in relationship is legitimate. It was also held that the children had inheritance rights.
Revanasiddappa v. Mallikarjun
In this case, the Supreme Court ruled that regardless of the nature of the relationship between the parents the children born to them are legitimate and are entitled to legal rights and protections under the law. It was also highlighted that inheritance was limited only to the self-acquired property of the parents and not the ancestral property.
Advantages of a Live-In Relationship
Assessment of compatibility before marriage: Live-in relationship is a solution for individuals seeking to check the potential and the compatibility of the partners before making a long term commitment of traditional marriage.
Shared expenses and equitable distribution of costs: The partners in a live-in arrangement can manage financial responsibilities more easily by sharing the expenses. This system can be advantageous for individuals who wish to maintain a balance between their financial independence and mutual support.
Flexible without legal obligation: Live-in relationship serves as a less binding commitment compared to marriage, whilst offering a chance for emotional and practical companionship.
Provides constant companionship and emotional support: Live-in relationships can provide emotional stability without the pressures of traditional marriage. It creates a sense of belonging and emotional connection, helping individuals to feel supported.
Individual identity of couples is maintained: In Indian marriages, there is often a societal pressure for the partners to merge their lives in a way that sacrifices individual autonomy, especially for women. Live-in relationships can help retain personal space and individuality while still fostering a romantic partnership.
Encourages open communication and problem solving and provides an opportunity to develop essential relationship skills: Live-in relationships are a more mature and practical approach to problem-solving and conflict resolution. Such relationships offer a low-pressure environment where individuals can grow and develop the crucial interpersonal skills.
Disadvantages of a Live-In Relationship
No legal status: Live-in relationships are not explicitly recognized under Indian law, this leads to ambiguity regarding rights and responsibilities and complications in legal matters.
Societal disapproval and pressure: In India, the traditional values around marriage and family are deeply ingrained, thus, live-in relationships are often strongly frowned upon by the society and often leads to the ostracism of such couples.
Limited legal protection and challenges in establishing a legal right: While some laws like the Domestic Violence Act have provided some protection to partners in live-in relationships, the protection is not as extensive as it would be for married couples. The issues like inheritance rights, alimony, and child custody can become problematic due to the lack of legal precedents which will result in uncertain outcomes.
Conclusion
As live-in relationships are becoming more prevalent in India, it is crucial to provide a legal definition for such relationships and fill in the vacuum in law regarding matters connected to such relationships like rights of partners, particularly concerning maintenance and the status of children. Finally, it is important to navigate cohabitation in India and maintain the balance between personal freedoms and legal protections, thereby fostering a more inclusive understanding of modern relationships.
FAQ
- What is the legal status of live-in relationships?
Live-in relationships in India are recognized by the judiciary as valid forms of companionship and are not considered illegal.
- What are the rights and protections available for women in live-in relationships?
Women in a live-in relationship can seek protection under the Domestic Violence Act and also claim maintenance.
- What are the rights available to children born in live-in relationships?
Children born out of live-in relationships are recognized as legitimate as established by judicial precedents. They also have a right to maintenance and inheritance of self-acquired property of the parents.
- Is there a necessity for specific legislation?
Yes, a specific legislation will help avoid ambiguities in matters regarding live-in relationships.
Sources:
- Domestic Violence Act, 2005.
- Code of Criminal Procedure,1973.
- https://lawtrend.in/important-judgements-on-live-in-relationship-in-india/
- https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.legalserviceindia.com/legal/article-10718-live-in-relationship-laws-in-india.html%23:~:text%3DThe%2520first%2520time%2520the%2520legal,adults%2520had%2520the%2520right%2520to&ved=2ahUKEwizipX658GJAxWDTGwGHQsXFcAQFnoECBYQBQ&usg=AOvVaw3gBZzlxFcEega3OjMejlic
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- https://lawtrend.in/uttarakhand-ucc-bill-boon-or-bane-for-live-in-couples/