Living together without being married is referred to as a live-in relationship. In this arrangement, two people who are in love with one other live together. The pair has a sexual connection and shares a shared home, but they choose not to legitimize their relationship with marriage.
Living together allows the couple to enjoy the benefits of cohabitation without the legal requirements and formalities of marriage. This involves sharing household tasks and duties, making choices together, and having the freedom to live their lives and engage in their chosen activities without outside interference.
It’s crucial to remember that Indian law does not recognize live-in relationships as legitimate marriages, hence couples in these arrangements do not have the same legal protections as married couples. The Indian Supreme Court, however, has determined that cohabiting as partners without getting married is not against the law or a crime.
In contemporary society, live-in partnerships are becoming more prevalent, especially among younger generations, who may decide to live together before getting married or as a substitute for marriage. Although some places don’t legally recognize live-in partnerships as a marriage, they do allow couples to assess their compatibility and commitment before getting married and establishing a more enduring relationship.
LAW GOVERNING
Article 21 of the Indian Constitution
The right to life and personal freedom, which includes the freedom to choose one’s partner in life, is guaranteed by Article 21. This article has been construed by the Supreme Court to include the right to live together outside of marriage.
The Protection of Women from Domestic Violence Act of 2005
Section 2(f): “Domestic relationship” is defined in this section as a relationship “in the nature of marriage.” This clause gives women in live-in partnerships the same legal safeguards as married women in cases of domestic abuse.
The Code of Criminal Procedure, 1973
Section 125: Courts have construed this clause, which guarantees maintenance rights, to include women in cohabitating relationships. If the relationship meets standards comparable to those of a marriage, women may seek maintenance.
The Indian Evidence Act, 1872
In situations of extended cohabitation, courts may presume the existence of marriage, protecting the rights of partners and children born from such unions, according to Section 114.
LIVE-IN PARTNER RIGHTS
The Right to Maintain
The live-in relationship has the same regulations as Section 125(1)(a) of the Criminal Procedure Code, 1973, which addresses the right to maintenance. Section 125(1)(a) of the Criminal Procedure Code, 1973, deals with the Right to Maintenance, which mandates providing financial support for a wife, child, or parents.
Children’s Right to Inherit Property
According to India’s Supreme Court, a man and a woman who have been cohabiting for a long time are considered married and are entitled to all legal rights. Section 16 of the Hindu Marriage Act states that the children are entitled to the self-acquired property of their parents.
Furthermore, under Section 125 (1)(a) of the Criminal Procedure Code, children have the right to maintenance even if their parents’ laws do not grant it, and live-in partners are still obligated to take care of their children even if they are no longer together.
Rights to Child Custody
When a live-in relationship ends, child custody becomes a significant consideration. This is because there are no specific legislation regulating the child custody rights in live-in partnerships, which means that the courts handle these cases in the same way as marriages. The court considers the welfare of the child when deciding custody arrangements, giving it the highest priority.
In India, though, there are no laws that directly address cohabitation. The idea of live-in partnerships was formally recognized under the law in 2010 during a discussion about women’s safety. Women in live-in partnerships, according to the domestic abuse law, should be protected.
OFFICIAL ACCEPTANCE
Live-in relationships are neither defined nor regulated by the Indian legal system. Indian courts have recognized the existence of these relationships and given partners specific rights through a number of judgments throughout the years.
One of the seminal instances in this area was the 2010 case of S. Khushboo v. Kanniammal & Anr., in which the Supreme Court determined that live-in partnerships are protected by a person’s right to life and cannot be deemed illegal. Additionally, as stated in Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, adults are free to select their partners, including the option of cohabiting outside of marriage.
CONCLUSION
The legality of live-in arrangements in India is a complicated combination of changing legal acceptance and continued societal conservatism. Although the court has recognized some rights for people in these relationships, the lack of complete legislation means that many elements of live-in partnerships are still uncontrolled. As India continues to modernize, clearer legal regulations and more tolerant social views may give people in live-in relationships the security and recognition they merit. Judicial decisions continue to define the rights of people in live-in partnerships during this transition, strengthening the right to select one’s relationships free from the worry of legal consequences or discrimination.
CONTRIBUTED BY-SHIKHA