Live-In Relationships in India: Legal Perspectives and Societal Dynamics

Abstract

The prevalence of live-in relationships is on the rise in India, offering an alternative to traditional marriage. Defined as cohabitation between adult partners without marital ties, this arrangement initially seems to provide a stress-free partnership without legal obligations. However, it comes with numerous complications, responsibilities, and legal implications.

Recently, efforts have been made to integrate live-in relationships into the legal framework. It is no longer considered an offence in India, and various Supreme Court rulings have addressed issues related to maintenance, property rights, and the legal status of children. Despite these advancements, live-in relationships remain a contentious topic with several unresolved issues, such as official documentation, cultural considerations, property and inheritance rights, religious concerns, and the recognition of LGBT partnerships.

This article aims to explore the concept of live-in relationships through secondary sources. It examines the challenges and problems faced by couples in such arrangements using descriptive and analytical methods. Finally, the article advocates for the development of a distinct, secular, and gender-sensitive legal framework to better address the needs of couples choosing to live together without marriage.

Introduction

Live-in relationships, where two individuals cohabit without being married, have gained acceptance and legalization in various countries around the world. In India, the Supreme Court has ruled that living together is part of the right to life, thereby decriminalizing live-in relationships.

The Malimath Committee's recommendations in 2003 played a crucial role in reshaping legal perspectives, particularly by redefining the term 'wife' to include women in live-in relationships. This was followed by the Protection of Women from Domestic Violence Act (PWDVA) 2005, which legally recognized such relationships by categorizing them as 'in the nature of marriage' (Anuja Agrawal, 2012).

Although these relationships seem to provide a relaxed and obligation-free companionship, they come with their own set of complications, responsibilities, and legal liabilities. Efforts have been made to include live-in relationships within the scope of laws concerning domestic violence, maintenance, property rights, and the legal status of children. However, they remain a contentious issue in India and are often seen as a societal taboo.

Marriage has been regarded as a sacred bond in Indian culture since Vedic times, and its concept has evolved over the years. With the continuous development of society and human psychology, the present generation has become more open and liberal about the idea of cohabitation without marriage.

Despite the legal advancements, live-in relationships still face moral and societal scrutiny. The dynamics of this modern social arrangement continue to be regulated through various legal frameworks to address the challenges and issues faced by such couples.

Marriage and Live-in Relationships in India

Marriage holds significant legal importance, involving various obligations and responsibilities related to property inheritance, succession, and more. It encompasses legal requirements of custom, public acknowledgment, exclusivity, and the numerous legal consequences that stem from the marital relationship.

In India, marriage has been revered as a sacred bond since the Vedic period. Marriages occur either under the personal laws of the respective religions or according to the provisions of the Special Marriage Act. Legally, marriage is a contract between a man and a woman, where both parties agree to live together and support each other.

Conversely, live-in relationships have not yet gained widespread social acceptance in India, unlike in many other countries. However, with continuous societal evolution and the complexities inherent in marriage, more people are choosing live-in relationships as an alternative. These relationships offer a form of long-term partnership similar to marriage but without the formal institution of marriage.

The concept of marriage has evolved over time. It is often regarded as one of the fundamental civil rights after the formal ceremony.

Live-in Relationships is not an Offence in India

In various judgments, the Apex Court has emphasized that when a man and a woman live together in a long-term relationship and even have children, the judiciary presumes them to be married, applying laws akin to marital relationships. The concept of live-in relationships was recognized by the Allahabad High Court in Payal Sharma v. Nari Niketan1. Justices M. Katju and R.B. Misra observed that individuals can choose to live together without marriage, distinguishing legality from societal morality.

The Supreme Court further affirmed in S. Khushboo v. Kanniammal & anr2 that live-in relationships between consenting adults without formal marriage are not illegal. The court clarified that there are no laws prohibiting such relationships or pre-marital sex. Article 21 of the Constitution of India guarantees the right to life and personal liberty as a fundamental right. In Ramdev Food Products (P) Ltd. v. Arvindbhai Rambhai Patel3, the Court reinforced that individuals in a live-in relationship without formal marriage do not commit any criminal offense. This affirms the legality of live-in relationships in India.

Without marriage, who can live together?

In the 2013 case of Indra Sarma v. V.K.V. Sarma, the Supreme Court of India delineated five categories where live-in relationships are legally recognized. These include scenarios such as unmarried adults living together, both heterosexual and same-sex, as well as situations where individuals knowingly or unknowingly enter relationships with married partners. The court's rulings provide clarity on the legal status of such relationships under Indian law, emphasizing individual rights and societal norms. This framework ensures that individuals in live-in relationships receive legal protection while acknowledging the evolving dynamics of personal relationships within the Indian legal system.

Live-in Relationships: Rights of Children Born from it

Regarding legal status, the Supreme Court rulings establish that children born from such relationships are not considered illegitimate if their parents have cohabited under the same roof for a substantial period. In Tulsa v. Durghatiya11, the Court emphasized this condition, aligning with the presumption under Section 114 of the Evidence Act that couples cohabiting for a significant duration are akin to married spouses, thereby legitimizing their children. Furthermore, in S.P.S. Balasubramanyam v. Suruttayan12, the Court reinforced this stance, interpreting Article 39(f) of the Constitution to ensure children's rights to development in a conducive environment free from exploitation.

Regarding property rights, the Supreme Court rulings in cases such as Revanasiddappa v. Mallikarjun and Bharatha Matha v. R. Vijaya Renganathan13 affirm that children born from live-in relationships are entitled to inherit property as legal heirs if born from a sustained relationship. However, the Court clarified that such children do not have rights to claim Hindu ancestral coparcenary property. These judgments secure inheritance rights for children born out of long-term live-in relationships, protecting their interests under Indian law.

Maintenance Law in Live-in-Relationship

Maintenance laws and live-in relationships have seen significant legal developments in India. The Malimath Committee, established in November 2000 to reform the criminal justice system, submitted its report in 2003, recommending amendments to Section 125 of the Criminal Procedure Code (CrPC) concerning maintenance rights for neglected and dependent wives, children, and parents (Anuja Agrawal, 2012). The committee proposed extending the definition of 'wife' under Section 125 CrPC to include women who have lived with a man akin to a wife for a substantial period under the same roof.

In judicial rulings, such as Chanmuniya v. Chanmuniya Kumar Singh Kushwaha, the Supreme Court overturned lower court decisions by affirming that women in live-in relationships are entitled to maintenance under Section 125 CrPC, interpreting it in conjunction with the Protection of Women from Domestic Violence Act (PWDVA), 2005. The court's stance in cases like Abhijit Bhikaseth Auti v. State of Maharashtra and Others further solidified the right of women in live-in relationships to claim maintenance, emphasizing that marriage is not a prerequisite under Section 125 CrPC.

However, in Indra Sarma v. V.K.V. Sarma, the Supreme Court clarified that women who knowingly enter into relationships with married men are not entitled to the same rights and reliefs as legally wedded wives under the PWDVA, 2005. These legal interpretations underscore the evolving recognition and protection of rights for individuals in live-in relationships within the Indian legal framework.

Challenges and Considerations of Live-in Relationships

Despite legal recognition and favorable judicial rulings, live-in relationships in India continue to face significant challenges and unresolved issues.

Despite being legalized, live-in relationships remain taboo in Indian society, viewed as morally and ethically contentious. Couples often encounter multiple challenges such as familial rejection, difficulty finding rental accommodation, societal stigma, and negativity in professional environments.

India's rich cultural and religious diversity influences attitudes towards live-in relationships. While globalization has brought about changes, traditional family values and religious perspectives vary widely. Hinduism and Islam generally do not accept the concept, whereas Christianity may show more acceptance. Cultural beliefs and customs significantly impact societal acceptance, often outweighing legal considerations.

The legal framework governing rights and responsibilities in live-in relationships is evolving but still lacks comprehensive clarity. Issues such as property rights, inheritance, and child custody can be contentious and require clear legal provisions to safeguard the interests of individuals in live-in relationships.

Addressing these complexities requires nuanced approaches that balance legal reforms with societal acceptance and cultural sensitivities, ensuring that individuals in live-in relationships are afforded equitable rights and protections under Indian law.

Conclusion

In contemporary India, live-in relationships, once considered unconventional, are becoming increasingly prevalent. This trend is influenced by globalization, which has reshaped lifestyles and attitudes. Many individuals, especially the youth, prefer the flexibility and less formal commitments offered by live-in arrangements. They value the freedom to cohabit without the legal complexities of marriage, embracing concepts like domestic cohabitation and pre-nuptial agreements. However, this lifestyle choice demands greater responsibility and awareness of socio-legal implications, challenging traditional norms while offering an alternative to conventional marital relationships.