Author: Jyoti Singh, DIRD
To the point
A live-in relationship is a setting where two adult individuals live together under the same roof without getting married and continue a long-term relationship like a married couple. Live-in- relationship has been one of the most argumentative issues for quite some time, especially in a country like India, which is famous for its rich cultural heritage and values. In India, marriage is an eternal union and the foundation stone of our society. However, with time, Indian society has witnessed a lot of changes, and with these changes, now India has also opened the door for another country’s cultural idea of ‘live in a relationship,’ though it is dishonourable and unacceptable in a large section of the Indian society. Yet, a live-in relationship is not a new phenomenon.
Relationships outside and besides marriage have existed and are better known under the term ‘concubinage.’ In the ancient era, it was accepted as ‘Maitri-Karar’ (friendship agreement), which is an agreement made in written form between human beings of two opposite sexes that they would live together as friends and look after each other. In the ancient period of Rome and China, concubinage was well established (especially between wealthy men and women of the lower class). Even in Western culture, extramarital affairs were at numerous levels, although unlawful.
Before Dating was known as a social concept, but now that has been accepted, couples are now moving one step forward, and would now like to find out whether they are made for each other by living together for some point in time. It is one type of ‘sanskara’ or purificatory ceremony obligatory in the Hindu religion. Therefore, the legal and holy joint of matrimony in India is a sacred representation of customary rites. In a civilised society, marriage is considered one of the basic things for the growth of society for men and women.
In recent years, there has been a significant increase in the number of people opting for a live-in relationship as a substitute for marriage. This very trend has been well-accepted in Western countries for a long time, but the concept is also gearing up in India. In the severely hectic and stressful life of today, people do not have the patience to deal with the emotional issues that marriage entails. The partners are aware of what they are in for; if the relationship does not work out, they can leave anytime. There are no legal and financial impediments in such a relationship, unlike a marriage, where splitting up is not so easy. As of now, there exists no law on this subject. However, some case laws of the Apex Court, as well as those of different High Courts of India about live-in relationships and their legal and social sanctity have been discussed in this dissertation.
Use of legal jargon
There are various laws in India that deal with cases related to live-in relationships, such as the Constitution of India, the Domestic Violence Act of 2005, the Hindu Marriage Act of 1955, the Code of Criminal Procedure 1973, and the Special Marriage Act of 1954.
Section 114 of the Indian Evidence Act states that the children born to live in couples will be considered the legitimate and rightful heirs and will have a share in ancestral property, this ruling came out in the Balasubramanyam v. Suruttayan case where a child born out of live-in setting received legal status for the first time, Supreme court stated that man and women who live under same roof and cohabit for reasonable years, there will be presumption of marriage.
Section 125 of the Cr.P.C provides maintenance to the partner in a live-in relationship, The The court in the Kamala v Mohan Kumar case expressed the interpretation of the term wife for social justice to the woman partner and her child out of live-in relation, therefore Supreme Court stated that living in same roof for long cohabitation such man and woman will be considered as a married couple.
Article 21 of the Indian constitution has given shade to live in a relationship and provides the freedom to the individual whether to marry or live under the same roof without getting married, The Supreme Court states that live-in relationships may not be accepted by society like India but still it, not an offence and not an illegal act on any grounds.
Section 2(f) of the Domestic Violence Act, which defines domestic relationships, the court in its ruling stated that this definition also includes a live-in relationship, but not all live-in relationships must follow every rule of the Court.
The proof
Many other countries in the world have given recognition to live-in- relationships and have laws for the protection of partners.
France; they have a Civil solidarity pact also known as pacte civil de solidarite passed in November 1999 by the French parliament, which permits couples of the same sex or different sex to sign a pact before the court and enjoy their life without tying the knot.
United Kingdom, their couple don’t enjoy any legal rights in live-in like a married couple, meaning they have no right over the inheritance of property of their partner. Even the bereavement allowance, which is available to a widow, is not available to a live-in partner who lost their loved one, but they have maintenance law to protect the child born in a live-in relationship; both have an onus for raising their child.
In China, couples must sign a contract before entering in relation and child rights are protected just like a child born out of wedlock, but the rights of the partner are protected under Chinese law.
Scotland; the Family Law Act 2006 has introduced rights and obligations for live-in couples and suggested that the court should check three parameters before considering the relationship, i.e. Duration of their relationship, nature of their relationship, and financial arrangements. Under section 28 of the act couple has the right to apply for financial provision on termination of their relationship, even if one partner dies, they still have the right.
Abstract
Even if we accept this in society, still, for some elderly people, it is still taboo; for them, men and women living under the same roof without marrying are immoral and spreading negativity and dirt in society, and their parents and families are also being targeted for raising such children. Another drawback is that this relationship allows an easy way out even in the smallest fight, and they are ready to leave each other. Also, women have to undergo a lot as compared to men. Her time for marrying and conceiving easily can be passed due to spending more time in a live-in and later separating. Live-in relationships are now becoming a new trend, which is questioning the authenticity of marriage, as people now criticise marriage and are adopting more live-in relationships. The present article has covered all the socio-legal challenges that are faced by live-in couples, in a country like India with diverse culture and values, many people still question such kind of practices. Even though the Apex court has played a vital role in its judgement in favour of live-in couples and stating that live-in relationships are not a crime nor any sin. A couple often come into a live-in to test their compatibility before tying the knot and binding themselves in marriage. It helps them to understand each other much better, in India where divorce is already a stigma, live-in allows a couple to walk their way separately without any interference from the state. This paper has shed light on laws for live-in relationships in other countries and that India should take notes from them while making strict legislation for cohabitation which we lack, although the court has played a prominent role, which we will discuss in case laws that how the court has set aside all the taboos while giving weight in the protection of fundamental rights of every individual.
Case Laws
Lata Singh v. State of Uttar Pradesh
The Supreme Court of India held in this case that a live-in relationship is permissible only to unmarried and heterosexual couples who live in carried out for the long term, cannot be called a walk-in or walk-out relationship, and the court may presume that they are married.
Malti Singh v. State of Uttar Pradesh
In this case woman claimed maintenance under section 125 of Cr.P.C on the ground that she lived under the same roof with the defendant as a cook and had an intimate relationship, to which the court replied that merely living under the same roof does not give you the title of wife and refused to extend the definition of a wife.
Yamunabai Anantrao v. Anantrao Shivram Adhav
Supreme court held that a married man, getting into a second marriage, doesn’t give any right to his second wife to any kind of maintenance, no matter even if she was unaware of the first marriage, and lived under the same roof still she is not entitled to claim maintenance under section 125 of Cr.P.C, and the court also denied granting any right to women in such kind of live-in relationship.
Badri Prasad v. Director of Consolidation
In this case, the Supreme Court legitimised the 50-year-long live-in relationship, since the couple was living together for a long time, there were very strong presumptions of wedlock, and the law considered their relationship legitimate.
Conclusion
Life is a temporary arrangement between two individuals, which can turn into a permanent whereas marriage is all about commitment and sacrifice from both sides; it is a bond between two families. There is no such specific law that states that a live-in is illegal, but courts can not cross their line while talking about them as this can harm the morals of society.
After a relevant time, a live-in relationship should get legal status and the child should have every lawful right, also their rights should be secured in any case, every individual has every right to live and let others live peacefully in society with their choices, which also include right to choose their partner, and decide whether they want to tie knots or go for live-in. We have recently witnessed how marriages are no anymore scared and loyal relationships, people tend to get married and realise that they made the wrong decision which forces them to take deadly steps, in such scenario live-in relationship is preferred for testing compatibility, for their partner, but this cohabitation relation also has its drawbacks. Summing this article with the thought that maybe someday we will witness a separate law for cohabitation couples like in other countries.
FAQS
1. What is life in a relationship?
A live-in relationship is an arrangement where two people voluntarily agree to live together in a shared household without tying the knot.
2. What is the stand of India on live-in relationships?
In past years, we have witnessed the Apex court giving a ruling in favour of a live-in couple, and protecting their right.
3. What is the legal age for getting into a live-in relationship?
Two young adults above the age of 18 years with consent can cohabitate to live in a relationship.
4. Is Indian culture ready for the live-in relationship?
Tier 1 cities have witnessed growth in live-in couples, but this is still a taboo in many rural areas they don’t accept this and consider this cohabit setting as a violation of their culture, but Apex court has made sure to come up with a masterpiece stating that adult living together without getting married is not a crime.
