1. Meaning and Concept of Live-in Relationships
There is no law which defines a live-in relationship however a live-in relationship refers to a romantic partnership where both the partners decide to live together in the same manner as a married couple without actually getting married. This relationship is called cohabitation. This arrangement allows couples to experience emotional bonding, personal growth and responsibilities while maintaining their freedom and individuality. The reason why people choose to stay in live-in relationships may be to escape the complexity of marriage or to check the compatibility between them before tying the official knot.
2. Legal Status Of Live In Relationships In India
Supreme Court ourt in the case of Badri Prasad v. D Y Director of Consolidation(1978) recognized live-in relationships for the first time. It was accepted that a marriage between individuals of marriageable age and sound mind is legally valid and completely lawful under Indian law. Supreme Court also said that if couple stays together for a long period of time then this relationship is deemed to be marriage. Under this case, Supreme Court declared that the relationship of a couple living together for more than 50 years is valid.
However if any child is born during this relationship period, according to Hindu Act that child is legitimate while according to Muslim Law the child is illegitimate. While examining the constitutional validity of live-in relationships, it is essential to consider Article 21 of the constitution. The right to live with a partner of one’s choice whether through marriage or a live-in relationship is protected under fundamental rights. In Payal Sharma v. Nari Niketan (2001), the Supreme Court accepted that a man and a woman has right to live together without getting married. Court also said that while society considers live-in relationships to be unethical and immoral, the law sees them neither as illegal nor as offence. Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 include live-in relationships while defining domestic violence relationship.
Though , the Indian law doesn’t completely recognise live-in relationships,it also doesn’t consider it to be illegal or a crime. Hence there are certain rights provided that should be considered.
Legality of live-in relationship comes from Article 19 and 21. In Velusamy v. D Patchaimal (2010) the Supreme Court laid the legal criteria for live-in relationship as :
· The couples must present themselves as if they are spouses.
· The couple should be of legal age to marry i.e. 18 years for female and 21 for man.
· The couple should be legally qualified to be married, including being unmarried.
· The couple should cohabit voluntarily.
The Supreme Court in Indra Sharma v. KV Sharma explained different situations in India and which relationships are included in the definition of ‘in relation of marriage’:
· Unmarried adult women and unmarried adult male – this relationship is included.
· Married adult male and unmarried adult female who is in this relationship unknown to the marital status about her partner – this relationship may be included, given that they prove that they were in relationship for a significant amount of time.
· Married adult male and unmarried adult female who was aware her partner’s marital status – this relationship is not included however the women will get protection under Domestic Violence Act (2005).
· Same sex relationship – since the court does not recognise same sex relationship, it is also not included in the definition.
3. Legitimacy Of Child Born Out Of Live – In Relationships
In Tulsa v. Durghatiya case (2008) Supreme Court ruled that children born out of live in relationship will be considered legitimate. However the key condition for ruling is that the parents must have cohabited together for a long period, such that society recognize them as married couple. Court also clarified that these children are eligible to claim their legal rights.
In addition to this, the Supreme Court in S.P.S Balasubramanyam v. Suruttan , stated that if a man and woman live together and cohabited for several years, then the presumption under Section 114 of Indian Evidence Act arise that they are living as husband and wife. Similar to the previous case, Supreme Court in this case also held that children born to such couple will be legitimate.
In Revanasiddappa v. Mallikarjun case, Supreme Court held that children born from a live-in relationship are innocent and are entitled to all rights and privileges available to children born from any other valid marriages.
Hence Supreme Court confirms that inheritance rights of such children and approve that such children will get their rights of inheritance as legal heirs.
4. Rights of Women And Children
Though the Indian law doesn’t completely recognise live-in relationship, it also doesn’t criminalize it. Hence, there are certain rights that are guaranteed to the partners –
· Right Of Maintenance – In 2003, with the recommendation of Malimath Committee, the meaning of ‘wife’ in CRPC Section 125 has extended and now it also includes those women who are in a live-in relationship. This section gurantees that the financial needes of the women will be taken care off after the separation via maintence.
· Protection In Domestic Relationship – The Domestic Violence Act , Section 2(f) included a partner who is ‘in relation of marriage ‘ which means that this section involves a live-in partner. Hence if any women who is in live-in relationship can seek protection from law via the Domestic Violence Act.
· Right To Property – Children born from a live-in relationship are deemed to be legitimate. Hence ,they can claim their rights on inheritance.
· Children Custody Rights – Due to lack of special laws governing custody rights for children born in live-in relationship, such situations are handled by the courts in the same manner as handled in marriage.
5. Conclusion
While live in relationship is seen as a taboo in Indian Society, the Indian law doesn’t criminalize it. The courts recognised that Constitutional validity of live-in relationship under Article 21. It stated that an adult person has rights to live with partner of their own choice. There is no dedicated law which governs aspects of a live-in relationship, however Indian Courts have tried to determine those aspects through various judgements. These judgements often ruled in favour of protection of women from domestic violence, providing rights to maintenance to women and rights of inheritance to the children born during this relationship.