Live-in relationship: Legal rights in India

This Article is written by Renuka Patel – Guru Ghasidas University. This Article Discusses the legal status of live-in relationships, rights available to partners, rights of children in live-in relationships, and issues related to live-in relationships in India.

Introduction

Live-in relationships in India are becoming more common as society becomes more liberal regarding relationships, marriage, and individual freedom. A live-in relationship is when two consenting adults decide to live together as partners without getting legally married.

Unlike marriage, a live-in relationship is not solemnized by any religious rites or procedures; however, it may have certain legal rights and duties.

Live-in relationships in India do not have a legal status per se; however, various laws have been formulated by the judiciary to govern and regulate live-in relationships.

Indian courts acknowledge the right of every individual to select their partners and live in a joint family setup as part of the fundamental right provided under Article 21 of the Indian Constitution.

Moreover, Indian laws provide several rights to people in live-in relationships, including rights relating to domestic violence, maintenance, and child custody.

Now the question arises as to what the rights of partners in a live-in relationship?

This article discusses the status of live-in relationships, rights available to partners and ,

the rights of children in live-in relationships, and issues related to live-in relationships in India.

Is Live-in Relationship Legal in India?

A live-in relationship in India is not illegal per se. In fact, Indian laws do not prohibit a couple from living together. The Supreme Court of India has consistently acknowledged the importance of persons choice his/her right to choose his/her partner.

1.S. Khushboo v. Kanniammal and Anr., 2010

S. Khushboo v. Kanniammal and Anr., 2010, the Supreme Court held that social morality cannot be used as a basis to criminalize a consensual relationship between adults. The Court held that criminal laws must not unnecessarily infringe the domain of personal autonomy. This case is important since its reasoning provides significant insights into constitutional law.

2. Nandkumar v. State of Kerala,2018

The Supreme Court again reiterated the aforesaid in Nandkumar v. State of Kerala,2018. In this case, the court held that even if a person is not in a position to get married under the applicable laws and , his right to live with his partner can not be denied.

However, the aforesaid court clarified that

the right to marry can not be distinguished from the right of a person to live with a partner and choose his/her partner in accordance with his/her autonomy.

However, it is important to note that a live-in relationship is not equal to marriage. The statutory consequences of marriage, such as rights relating to maintenance, succession, inheritance and the like,

are not automatically applicable to the couples living together.

Therefore, every case has to be considered according to its merits and the personal rights and the rights of the spouse, if any, depending upon the applicable laws.

Indian courts have thus adopted a balanced approach to the aforesaid issues. While they have recognized personal autonomy in choosing one’s partner, at the same time courts have awarded personal relief and protection against exploitation in certain cases.

Thus, the aforesaid approach of the Indian judiciary has helped in protecting women and children living in live-in relationships

since various laws safeguard their personal and legal rights.

Therefore, it can be concluded that a live-in relationship in India is not illegal, but the personal rights of such a couple living together would depend upon the applicability of law.

Legal rights of women in live-in relationships in India

The legal rights of women in live-in relationships in India have been interpreted extensively through court cases. Even though a live-in relationship does not confer the same legal status as marriage, Indian laws do offer significant protection to women in live-in relationships,

including those with the nature of marriage and those involving domestic violence and economic exploitation.

Protection Under The Domestic Voilence Act

One of the most important legal acts regarding women in live in relationship the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

It defines a domestic relationship as a relationship between people who are living together or have lived together

in a shared household as husband and wife or in a relationship of the nature of marriage.

When they are related by marriage, adoption, or family ties and live together as a joint family (PWDVA), section 2(f). This Act enables certain women in live-in relationships to gain legal protection even if their relationships are not formally registered.

The Supreme Court of India ruled on the interpretation of a relationship “like marriage” in the case of

D. Velusamy V. D. Patchaiammal,2010.

The court said that unless practical facts indicate that a relationship like marriage exists, a live-in relationship would not be considered a relationship like marriage.

The case Indra Sarma v. V.K. Sarma (2013) demonstrates that there are several types of live-in relationships

the court should take these differences into account in determining

whether a woman in such a relationship is entitled to the protection of the PWDVA.

The Supreme Court stated that the object of the PWVDA is to protect women from

abuse, economic exploitation, and other forms of harassment in marital and relationship-like connections.

Women in live-in relationships who meet the criteria set out in the PWVDA

can seek a variety of remedies under the Domestic Violence Act,

including protection, residence and monetary remedies, and compensation (PWVDA Section 23-26).

As a result, even though a marriage certificate is not required for a live-in relationship,

a woman can still go to court to obtain legal protection from domestic violence.

However, it is critical to note that even though a women in a live-in relationship who meet certain criteria can acquire many of the same legal rights as a woman in a formal marriage, the court will look at the unique facts of each situation before granting such rights.

Relationship In The Nature Marriage

Although the court recognized that a live-in relationship does not inherently carry all of the legal implications of marriage, it sought to safeguard women in such relationships from being exploited by men.

As a result, the court attempted to reconcile the rights of women in live-in relationships with the idea that not every type of cohabitation arrangement is inherently marital.

Thus, it is evident that Indian laws concerning the legal rights of women in live-in relationships represent a major step forward in ensuring that such women are granted many of the same legal rights as women in marital relationships while also preventing men from abusing women in live-in relationships.

Maintenance Rights Under Live In Relationship In India

Maintenance rights in live-in relationships are generally governed by the same laws that apply to married couples. However, a woman is not entitled to claim spouse support from her partner simply because they are living together. If the relationship falls under legal protection, then the court will grant the claimant appropriate relief.

In Chanmuniya v. Virendra Kumar Singh Kushwaha, 2011, the Supreme Court stressed the importance of protecting the wife by suggesting a liberal interpretation of sections 12 and 15 of the Hindu Marriage Act. The court pointed out that the wife should also be secured against financial hardship, as the husband is protected against the wife’s desertion.

Therefore, in the case if live in relationship, the court will consider the following factors: whether the couple is living together as husband and wife, length of cohabitation, common household expenses, the financial status of both partners, and other factors.

Rights of Children

The rights of children conceived from a live-in relationship in India must be protected by law, regardless of the marital status of parents. The courts have rules in favour of protecting the status of such children, as well as their right to maintenance and property.

In Tulsa v. Durghatiya (2008), the Supreme Court ruled that in certain cases, long-term cohabitation might be presumed to be a marriage. Furthermore, the court has ruled that it would take a protective view of the rights of children conceived in such a relationship.

Therefore, the lack of a formal marriage between the parents does not automatically strip the child of his or her rights.

Legal challenges and Conclusion

Although live-in relationships are recognized in Indian courts, the status of the relationship in terms of property, inheritance, and proof of relationship still poses legal challenges, while some issues are left to judicial discretion.

Indian courts have attempted to balance individual choice and legal protection. Although live-in relationships differ from marriage, women and children can be protected by existing laws in appropriate cases. Therefore, a balanced law is needed to ensure the safety of the weaker partner in the relationship, without interfering unwisely in the private affairs of the individual.

Frequently Asked Questions

Is live in relationship lawful in India?

Yes. A couple living in a relationship can live together, and living together without

marriage does not make them break the law.

Do women enjoy any legal rights if living in a live in relationship?

Yes. If necessary, women are granted the right to seek help under the Protection of Women from Domestic Violence Act,2005.

Can a woman ask for maintenance from her live- in partner?

A woman may claim maintenance depending upon the facts of her case and according to relevant law.

What are the rights of the children born from a live-in relationship?

Children are eligible to seek legal protection through maintenance and property inheritance rights.

Is a live-in relationship similar to marriage in India?

No. Living together does not necessarily equate to marriage. The legality of such a relationship varies based on the conditions surrounding it.

References

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