What is a ‘Live- in relationship’?
Two people who choose to live together without being married are said to be in a live-in relationship. When two consenting individuals who have attained the age of majority decide to live together as a couple without entering a marriage, this arrangement is known as a live-in relationship. Because of changing cultural norms and increased acceptance of non-traditional lifestyles, this type of relationship has become more popular in urban areas. However, these kinds of relationships frequently face legal problems and social criticism. Although, there is social discussion surrounding this type of relationships, the Indian legal system has progressively addressed a number of live-in relationship-related issues in order to offer safety and clarity.
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Key characteristics of live-in relationships include:
- Mutual consent from each partner.
- Not having been legally married.
- Living together for a long time.
There is no legal framework that particularly governs live-in partnerships, in comparison to regular marriages. Nonetheless, Indian courts have interpreted current laws, to grant partners in such relationships, some protection and recognition.
Legal Status of Live-in Relationships
Live-in relationships are not specifically defined or governed under Indian law. Nonetheless, the legal view on these partnerships has been greatly influenced by the judiciary. While live-in relationships are not illegal, they remain subject to interpretation based on the facts of individual cases.
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Key legal elements:
- Recognition: Live-in relationships are not formally recognized under any specific statute in India.
- Essential Rights: Live-in relationships are considered an extension of the fundamental right to personal liberty and privacy guaranteed by the Indian Constitution.
- Presumption of Marriage: When a couple has lived together for a considerable amount of time, courts may assume that their relationship is similar to marriage, particularly in situations involving inheritance or property disputes.
Rights of Partners in Live-in Relationships
The legal rights that married spouses enjoy are not extended to such partners. Nonetheless, some safeguards have been put in place by judicial decisions to protect the rights of parties involved in such arrangements. These rights seek to shield people from abuse and guarantee fairness in cases of disputes.
Important rights consist of:
- Protection from Domestic Violence: Women who live together have the right to seek protection and help in the case of abuse or harassment under the Protection of Women from Domestic Violence Act, 2005.
- Maintenance Rights: The National Commission for Women recommended the Ministry of Women and Child Development that women in live-in relationships be included in the definition of "wife" under Section 125 of the 1973 Code of Criminal Procedure. Similarly, the Malimath Committee Report suggested extending maintenance rights to women in these types of relationships. In response to these recommendations, the Supreme Court ruled that a woman living with another individual should be entitled to maintenance, even if their relationship is not a legally recognised marriage. As a result, if women in live-in relationships can show that their relationship was similar to a marriage and that they were financially dependent on each other, courts have occasionally awarded maintenance to them.
- Property Rights: In most cases, cohabitating partners do not automatically own each other's property. However, while settling conflicts, courts may take into account individual contributions or agreements.
- Child Custody and Support: Children born out of live-in relationships are entitled to the same rights as children born to married couples, including inheritance and support from both parents.
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Challenges Faced by Live-in Couples
Live-in partnerships in India still face many social and legal obstacles, even with recent changes in law. These difficulties frequently result from established cultural values and customs of society.
Typical difficulties consist of:
- Social Stigma: Live-in partnerships are frequently perceived as unusual and immoral, especially in conservative and rural communities.
- Absence of Legal Framework: Uncertainties and inconsistent judicial interpretations result from the lack of defined laws governing cohabitation.
- Property and Inheritance Disputes: Because there is no official legal recognition, partners may find it difficult to assert their rights to inheritance or property.
- Gender Bias: Women who live together may experience extra challenges, such as societal criticism and unstable finances.
A mix of cultural awareness and legal reforms is needed to address these issues and encourage acceptance and understanding.
Case laws concerning Live-in Relationships
1. S. Khushboo v. Kanniammal (2010):
The Supreme Court, in this case, upheld the right to live together without getting married, concluding that such arrangements are not illegal nor immoral. It emphasised that Article 21 of the Constitution guarantees the right to coexist. The Court further ruled that societal morality cannot override constitutional rights and recognized consensual relationships between adults, including live-in arrangements, as valid personal choices, free from criminal liability.
2. D. Velusamy v. D. Patchaiammal (2010):
In this case, the Supreme Court noted that live-in relationships were neither recognised by statute or regulated, and it recommended actions to codify the appropriate laws. It created standards for identifying a live-in relationship, such as: Consistently living together voluntarily and appearing in public as spouses for an extended period of time. Also, both parties must be single or otherwise qualified to get married under the law. The Court also pointed out that the Domestic Violence Act, 2005, gives women in live-in relationships additional protections.
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Future of Live-in Relationships in India
It's likely that live-in partnerships will become more widely accepted and acknowledged as cultural perceptions change. A legal system will be essential in clearing up any confusion and offering a more precise structure for these kinds of partnerships.
Potential developments in the future:
- Detailed Law: Uniformity and clarity can be ensured by enacting particular laws to regulate cohabitation.
- Public Awareness Campaigns: Eliminating myths and stigma can be achieved by educating the public about the rights and obligations of cohabitating partners.
- Judicial precedents: Courts' ongoing interpretation of the law can create stronger safeguards for cohabitating partners.
- Encouraging Open Dialogue: More diversity and acceptance can be achieved by promoting conversations regarding alternative lifestyles.
Conclusion
The evolving dynamics in modern society and the growing value placed on personal freedom and choice are reflected in live-in relationships. Although such partnerships are not specifically governed by Indian law, they are recognised and protected to some extent by court interpretations. It is critical that the legal system adjust and provide complete protections for those in cohabitation as social standards continue to change. India can guarantee a just and inclusive approach to cohabitation by striking a balance between individual liberty and legal responsibility.
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FAQs
1. Can live-in relationships be dissolved legally?
Answer: Because live-in relationships lack the formalities of marriage, they can be ended at any time by mutual consent. Legal action, however, can be necessary in any disagreements, even those involving shared property or financial assistance.
2. Can live-in partners adopt a child together?
Answer: Currently, live-in partners are not permitted to adopt a child together under Indian adoption regulations. However, if one partner satisfies the requirements, they may adopt as a single parent.
3. Does living together automatically make a relationship equivalent to marriage?
Answer: No, merely living together is not the same as being married. However, in certain situations, such property or inheritance issues, courts may assume that a couple has a legal marriage if they have lived together for a considerable amount of time and have presented themselves as such.
4. Can live-in relationships be registered with any government authority in India?
Answer: Currently, Indian law does not allow the formal registration of live-in relationships with any government authority.
5. How can a person legally prove they were in a live-in relationship?
Answer: A range of evidence can be used as proof, including joint bank statements, rent agreements, financial contributions made by both parties, real estate investments, testimonials from friends or neighbours, or other shared obligations that show cohabitation and partnership.
Reference
Written by Swarangi Gaikwad
Swarangi is a second-year law student at ILS Law College, Pune, with a keen interest in criminal and family law. She is actively exploring different areas of the legal field while honing her research, writing, and analytical skills to build a solid foundation for a successful legal career.
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Further Reading
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