Live-in relationships, once considered taboo in Indian society, are gaining acceptance as an alternative to traditional marriage. Despite their increasing prevalence, ambiguity surrounds the rules and regulations governing live-in relationships in India. This article aims to provide a comprehensive legal perspective on live-in relationships in India, addressing their legal status, rights, obligations, and relevant case laws.
Understanding Live-In Relationships
A live-in relationship is an arrangement where a couple lives together in a long-term relationship that resembles a marriage. Unlike marriage, however, it is not legally recognized. Couples opt for live-in relationships to understand their compatibility before deciding on marriage. The lack of formal recognition does not equate to a lack of legal implications and protections.
While live-in relationships are not explicitly recognized under Indian law, the judiciary has played a pivotal role in acknowledging and legitimizing these relationships. Through various judgments, the Supreme Court of India has extended certain rights and protections to couples in live-in relationships, thereby providing quasi-legal status to such unions.
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Legal Provisions and Judicial Interpretations
Rights and Obligations
Couples in live-in relationships do not have the same legal rights and obligations as married couples. They are not considered legal heirs and cannot claim inheritance rights. However, they are entitled to certain rights, such as the right to live together and maintenance.
In D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469, the Supreme Court held that a live-in relationship is akin to a marriage if certain conditions are met, such as a significant period of cohabitation and societal recognition of the relationship.
Maintenance and Financial Support
In the event of a breakup, the Supreme Court has ruled that women in live-in relationships are entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005.
In Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755, the Supreme Court clarified that women in live-in relationships are entitled to maintenance under the Domestic Violence Act, provided the relationship fulfils specific criteria that qualify it as a “relationship like marriage.”
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Property Rights
Couples in live-in relationships do not have any automatic rights to property acquired during the relationship. However, they may claim a share of the property if they can prove that they have contributed to its acquisition or maintenance.
The Supreme Court in Tulsa v. Durghatiya (2008) 4 SCC 520 held that where a man and a woman lived together as husband and wife for over 30 years, the woman has legitimate claim over the property \.
Children and Custody
Children born out of live-in relationships are considered legitimate and have the same rights as children born to married parents. However, issues related to custody and maintenance may arise in case of a breakup.
Challenges and Issues
Social Stigma
Despite the legal recognition of live-in relationships, there is still a social stigma attached to them in India. Couples in live-in relationships may face societal pressure and discrimination, impacting their personal and professional lives.
Legal Complexities
The lack of a legal framework for live-in relationships in India can lead to legal complexities, especially concerning property rights and inheritance. This ambiguity necessitates reliance on judicial interpretations, which can vary on a case-by-case basis.
Protection Against Exploitation
Couples in live-in relationships are not protected by the same laws that govern marriages. This lack of legal protection can leave them vulnerable to exploitation and abuse. While the Domestic Violence Act offers some protection, its application is limited and often requires judicial interpretation.
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Benefits of Live-In Relationships
Freedom and Flexibility
Live-in relationships offer couples the freedom to live together without the legal formalities of marriage. They can test their compatibility before making a long-term commitment. This flexibility can be particularly beneficial for individuals seeking to prioritize personal growth and career development without the constraints of a formal marriage.
Compatibility Testing
Living together allows couples to test their compatibility and understand each other better before marriage. This can help reduce the risk of divorce or separation later on, fostering more stable and harmonious relationships.
Avoiding Legal Formalities
Unlike marriage, live-in relationships do not involve legal formalities such as registration or divorce proceedings. This can make it easier for couples to part ways if the relationship does not work out, avoiding lengthy and often contentious legal battles.
Judicial Activism and Future Prospects
The Indian judiciary has played a crucial role in shaping the legal landscape of live-in relationships. Judicial activism has been instrumental in recognizing and protecting the rights of individuals in live-in relationships, often compensating for the lack of legislative clarity.
In India, the concept of live-in relationships has been contentious due to its perceived deviation from traditional family norms. However, the judiciary has consistently upheld the rights of individuals living together outside the bounds of marriage. This progressive stance has been crucial in ensuring that individuals in live-in relationships receive legal protection and recognition despite the absence of explicit statutory provisions.
Furthermore, Lata Singh v. State of Uttar Pradesh (2006) 5 SCC 475, this landmark case reaffirmed the constitutional right to personal liberty and autonomy. Lata Singh, a Hindu woman, married a man from a different caste and faced severe opposition from her family, leading to threats and harassment. The Supreme Court upheld her right to live with her husband without societal interference, asserting that live-in relationships fall under the purview of the right to life and personal liberty guaranteed by Article 21 of the Constitution of India. The court emphasized that consenting adults are free to live together, and no third party, including family, has the right to interfere.
Then, continuing in S. Khushboo v. Kanniammal & Anr. (2010) 5 SCC 600 actress Khushboo was charged with promoting live-in relationships through her public statements. The Supreme Court dismissed the charges, holding that living together without marriage is not an offence and falls within personal liberty. The court observed that morality and criminality are not coextensive and that society should adapt to changing norms and values.
Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755 this case significantly advanced the legal standing of women in live-in relationships. Indra Sarma sought maintenance under the Protection of Women from Domestic Violence Act of 2005. The Supreme Court ruled in her favour, stating that if a relationship meets the criteria of a “relationship like marriage,” then the woman is entitled to protection under the Domestic Violence Act. The judgment outlined factors to consider, such as the relationship duration, shared household, and social status.
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Conclusion
Live-in relationships are becoming increasingly popular in India as an alternative to traditional marriage. While they offer certain benefits, such as freedom and flexibility, they also come with challenges and legal complexities. Couples in live-in relationships need to understand their rights and obligations to avoid any legal disputes in the future. The evolving legal and social landscape suggests a gradual acceptance and recognition of live-in relationships, albeit with certain reservations. As societal attitudes continue to change, the legal system must adapt and provide a more robust framework that protects the interests of individuals in live-in relationships while respecting their personal choices.
Advocate Kiran S R – A highly skilled, passionate, dedicated advocate, with vast wealth of knowledge, professionalism, ethical approach and expert skills. One of the sharpest legal mindset brings the best principles of legal practice to the forefront. A qualified Engineer turned Advocate. His passion, dedication and vision to help and assist his clients achieve the best results is his driving force.
