Author: Manoj Kumar Yadav College, Narayan Uccha Shiksha Sansthan Law Collage, Prayagraj
TO THE POINT
A live-in relationship occurs when two adults over the age of 18 cohabitate without being married. Unlike marriage, a live-in relationship has no legal repercussions. For example, cohabitation does not require registration, and ending a cohabitation does not require a divorce.
Even though both parties have emotional obligations to one another, live-in relationships and marriages differ greatly. Marriage is a legally binding union that is often celebrated with cultural and religious traditions, whereas live-in partnerships promote individual individuality free from legal limitations. Marriage is often viewed by society as a more established norm, although live-in relationships might face discrimination and misconceptions. because different countries may grant different legal rights to live-in couples. For instance, cohabitation is recognized with rights similar to those of marriage in France and Sweden, but in other countries, like India, there is less protection and relationships are often recognized for the purpose of preventing exploitation rather than granting property or custody rights.
USE OF LEGAL JARGON
The Supreme Court’s Position
The Indian Supreme Court has played a significant role in acknowledging cohabitation in some circumstances.
The court ruled that cohabitation is permissible and covered by the Right to Life and Personal Liberty guaranteed by Article 21 of the Constitution.
The 2005 Domestic Violence Act provides protection.
The Domestic Violence Act of 2005 protects cohabiting women by classifying them as being in a “domestic relationship.”
Women are entitled to remedies against abuse, maintenance, and financial support under this Act.
Property Rights and Live-In Partnerships:
• Unless there is a clear agreement or joint ownership arrangement, any self-acquired property remains with the original owner;
• Conflicts over shared assets may arise, so it is advisable to keep appropriate documentation;
• Partners in a live-in relationship do not have the same property rights as married couples.
Maintenance and Custody:
In cohabitation, the child’s welfare determines custody; both parents have emotional and financial responsibilities to their kids.
Estate Planning for Living Together Couples
Estate Planning’s Significance
Because live-in partnerships sometimes lack the legal protections and formality of marriage, estate preparation is crucial to avoiding disputes.
Steps to Consider:
1. Drafting a Will: Clearly outline the distribution of assets to avoid misunderstandings.
2. Joint Ownership Agreements: Document who owns joint assets, like bank accounts or real land.
3. Nominee Designation: Verify that nominations for investment and insurance policies are up to date.
THE PROOF
1. Article 21: The right to life and personal liberty includes the freedom to select a spouse and live together without interference.
Judicial Affirmation o “The right to live with a person of one’s choice is included in Article 21.”
State of U.P. v. Lata Singh (2006)
2. Recognition by Statute A “domestic relationship” is defined as one in which cohabitation is considered a marriage in Section 2(f) of the Protection of Women from Domestic Violence Act, 2005.
3.The Right to Live Together
• State of U.P. v. Lata Singh. (2006)
“It is not illegal for two consenting adults to live together.”
S. Khushboo (2010)
“Living together cannot be evaluated by societal morality; it is a part of personal life.”
4. Rights of Protection
• Police protection for cohabiting spouses has been mandated by high courts:
o The Supreme Court permitted 18+ people to live together without getting married in
CASE LAWS
1. D. Velusamy vs. D. Patchaiammal (2010/2011)
o Citation: 10 SCC 469.
o The Court set criteria for judging whether cohabitation qualifies as a “relationship in the nature of marriage”:
1. The couple must portray themselves to the public as being comparable to spouses.
2. They must both be able to legally marry and be eligible to do so.
3. They had to have voluntarily cohabitated for a “significant period.”
4. They must cohabitate
The Court clarified that not all live-in partnerships qualify, though; “weekend” or casual relationships may not.
2. Bharatha Matha & Anr. vs. R. Vijaya Renganathan & Ors. (2010)
o Reference: AIR 2010 SC 2685.
o The Supreme Court decided that a live-in relationship does not automatically grant children born out of it a claim to ancestral (joint family) property. This decision has to do with legitimacy and inheritance.
o The Court specifically declared that these children are not necessarily entitled to the ancestral coparcenary property; rather, they are merely entitled to a portion of the parent’s self-acquired property.
3. Rohit Sagar v. State of Uttarakhand (2021)
a case heard by the Uttarakhand High Court.
o The HC recognized that adults had the right to select their life partner, even in same-sex scenarios, and ordered police protection for a gay couple living together.
CONCLUSION
Live-in relationships are increasingly acknowledged as an alternative form of partnership because they allow individuals to assess compatibility and commitment outside of the formal confines of marriage. These arrangements allow couples to test living together before making long-term legal commitments, despite the fact that they still have limited legal protections and uneven social acceptance in many places.
FAQS
Is cohabitation legal?
In fact, cohabitation is generally accepted in many countries, including India, provided that both parties are consenting adults. However, partners’ rights and legal recognition may vary based on local laws and situations.
What are the legal rights of cohabiting partners?
Protection from domestic abuse and, in certain cases, maintenance rights or rights over children born to the union are examples of legal rights for live-in partners. However, unless otherwise specified by law or a will, these rights often do not apply to inheritance.
Can a live-in relationship be ended legally?
Yes, partners in a live-in relationship are allowed to end the relationship at any moment, unless there are children or property disputes that require legal intervention.
Are children born to cohabiting spouses regarded as legitimate?
Children born from a live-in relationship are usually considered legitimate, and both parents have legal responsibilities to them, just like children born within a marriage.
