Introduction
The Indian society, traditionally rooted in marriage as the only socially and legally sanctioned union between adults, is undergoing a noticeable transformation. With globalization, urbanization, and increasing assertion of individual rights, live-in relationships have emerged as an alternative to marriage, particularly among the youth in metropolitan areas. Although not expressly recognized by Indian law, live-in relationships have slowly received legal acceptance and judicial protection over the years.
In the absence of specific legislation, the legal recognition of live-in relationships in India has been shaped by judicial precedents, constitutional values, and social realities. This article explores the meaning, legal evolution, judicial approach, rights arising out of such relationships, and the challenges they continue to face.
Meaning of Live-In Relationship
A live-in relationship is an arrangement where two consenting adults choose to live together in a domestic partnership without entering into a formal marriage. Such a relationship is marked by mutual affection, sexual intimacy, cohabitation, and shared domestic life.
There is no statutory definition of live-in relationships in India. However, the judiciary has interpreted and evolved this concept, particularly through judgments under Article 21 of the Constitution — the right to life and personal liberty.
Need for Legal Recognition
The growing number of live-in relationships has necessitated legal scrutiny due to several reasons:
- Protection of the rights of women and children born out of such relationships.
- Ambiguity in property, inheritance, and maintenance laws.
- Recognition of autonomy and choice in personal relationships under Article 21.
- Challenges of social ostracism, domestic abuse, and abandonment in such unions.
- The absence of clarity leads to misuse or denial of rights, especially in cases involving dowry claims, domestic violence, or custody.
Legal Position and Judicial Recognition in India
1. Live-In Relationships Are Not Illegal
In Lata Singh v. State of U.P. (2006) 5 SCC 475, the Supreme Court held that a live-in relationship between consenting adults is not illegal and does not amount to an offense under Indian law.
2. Protected Under Article 21
In Nandakumar v. State of Kerala (2018) 16 SCC 602, the Supreme Court held that even if a couple is not of marriageable age, they have the right to cohabit, and such a relationship is protected under Article 21.
3. Presumption of Marriage
In Badri Prasad v. Dy. Director of Consolidation (1978) 3 SCC 527, the Supreme Court upheld a 50-year live-in relationship as a presumed marriage, recognizing its legitimacy in the absence of contrary proof.
4. Domestic Violence Act, 2005
Under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, the expression “relationship in the nature of marriage” includes live-in relationships, thereby providing civil protection to women from abuse, abandonment, and exploitation.
In D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469, the Court laid down the following criteria for a live-in relationship to qualify as a “relationship in the nature of marriage”:
- Both partners must be of legal marriageable age.
- They must live together voluntarily.
- They must hold themselves out to society as being akin to spouses.
- They must cohabit for a significant period (not casual or one-night).
Rights Arising Out of Live-In Relationships
1. Right to Maintenance
A woman in a live-in relationship has the right to claim maintenance under Section 125 CrPC and the Domestic Violence Act, if the relationship fulfills the conditions mentioned above.
In Chanmuniya v. Virendra Kumar Singh Kushwaha (2011) 1 SCC 141, the Supreme Court observed that a broad interpretation of “wife” under Section 125 CrPC should be adopted to include women in de facto marriages.
2. Right Against Domestic Violence
The Protection of Women from Domestic Violence Act, 2005 is a crucial statute for women in live-in relationships. It offers protection against:
- Physical, emotional, sexual, and economic abuse.
- Eviction from shared household.
- Custody and maintenance rights.
3. Inheritance and Property Rights
While partners in a live-in relationship do not automatically inherit each other’s property, if one partner dies intestate, no succession rights are conferred unless a will exists.
However, in Tulsa v. Durghatiya (2008) 4 SCC 520, the Court recognized inheritance rights of children born out of long-term live-in relationships under Section 16 of the Hindu Marriage Act, 1955, deeming them legitimate children.
4. Legitimacy and Rights of Children
Children born out of live-in relationships are considered legitimate as per Section 16 of the Hindu Marriage Act and have the right to:
- Parental maintenance.
- Inheritance rights from parents, but not from relatives.
The Supreme Court in Revanasiddappa v. Mallikarjun (2011) 11 SCC 1 held that the child should not suffer due to the legal status of the parents.
Social and Legal Challenges
Despite legal recognition by courts, several challenges persist:
- Societal stigma: Particularly in rural and conservative segments of society.
- No uniform legal framework: Laws are interpreted case-by-case without codification.
- Ambiguity regarding property rights: Especially where joint property or long-term contributions are involved.
- Moral policing by authorities: Couples in live-in relationships often face harassment from police and local bodies.
- Women’s vulnerability: In absence of formal marriage, women may be exploited or abandoned without legal recourse unless judicially interpreted.
- Children’s legal standing: While deemed legitimate, they still face social discrimination and partial inheritance rights.
Comparative Global Perspective
- United States: Many states recognize live-in relationships under “common law marriage” or domestic partnerships.
- France: Offers civil unions through the “Pacte civil de solidarité (PACS)” law.
- UK: Live-in partners can enter into cohabitation agreements, providing clarity on rights and duties.
- Australia: Recognizes live-in partnerships under de facto relationships, offering legal protections similar to marriage.
India, although lagging behind in legislation, is gradually aligning with progressive trends globally.
Suggestions for Legal Reforms
- Codified Law on Cohabitation
Enact a Comprehensive Live-in Relationship Regulation Act to outline rights, duties, and protection mechanisms. - Cohabitation Agreements
Recognize and enforce cohabitation agreements between partners to determine financial and custodial rights. - Property Rights Clarification
Introduce clear provisions for division of joint property, especially in long-term live-in relationships. - Special Recognition for LGBTQ+ Couples
Provide statutory recognition to same-sex live-in partners, especially post Navtej Singh Johar v. Union of India (2018) decriminalizing homosexuality. - Awareness and Sensitization
Sensitize judiciary, police, and public authorities to respect the autonomy of adults in choosing their personal relationships.
Conclusion
Live-in relationships reflect the dynamic shift in Indian society towards individual freedom, sexual autonomy, and evolving family structures. While the law does not explicitly regulate such relationships, the judiciary has played a pivotal role in extending constitutional protections, particularly to women and children.
However, the absence of a specific legislative framework leaves many legal questions unresolved. In a democracy based on the rule of law, adult consensual relationships, even outside marriage, deserve legal recognition and protection. A progressive and codified law addressing cohabitation rights is not only desirable but essential to uphold constitutional morality, personal liberty, and gender justice in 21st-century India.
CONTRIBUTED BY : ANSHU (INTERN)