Understanding Legal Protection for Live-In Relationships in India

INTRODUCTION

In modern India, societal norms are rapidly evolving, and perceptions are changing. What was once considered taboo is gradually being accepted, as mindsets shift and people embrace a broader spectrum of lifestyles. For instance, in many countries abroad, young adults are given the freedom to live independently from their parents. While this often involves living with peers of the same gender, it has also led to the emergence of cohabitation with partners, giving rise to the concept of live-in relationships. Initially, live-in relationships were seen primarily as a way for people to share living spaces and fulfill various needs. However, as society becomes more complex, individuals have found multiple, reciprocal reasons for cohabitating.

Although there are still those who misunderstand or disapprove of live-in relationships, perceiving them as forbidden or immoral, the evolution of the 21st century has prompted a re-evaluation of such relationships. Traditional marriage continues to be a cornerstone of Indian society, but increasingly, couples are choosing to live together without formalizing their relationship through marriage. While this shift reflects changing social values, it also raises important legal considerations, particularly regarding the rights and obligations of partners in live-in relationships.

Let's explore the challenges that individuals living with this condition face to this day, including:

- Social stigma

- Insufficient legal protections

- Domestic violence

- Lack of marital benefits

- Family pressure

In this article, we will explore the legal recognition of live-in relationships in India and the significance of formal agreements to safeguard the interests of both parties.

1. The Legal Recognition of Live-In Relationships in India:

Live-in relationships, though increasingly common, occupy a gray area in Indian law. There aren’t many instances where live-in relationships have been given sufficient recognition, nor are there specific laws and bylaws in India that address the status of live-in relationships. Unlike marriage, which is a legally recognized union, live-in relationships do not have a specific legal status. However, over the years, Indian courts have provided some degree of recognition and protection to individuals in such relationships. There are instances where the validity of live-in relationships has been indirectly or directly challenged.

The Supreme Court of India has played a pivotal role in shaping the legal landscape for live-in relationships. The Court has made various references and rulings in this regard. For instance, in the landmark case dating back to even 1980

• Indra Sarma vs V.K.V.Sarma on 26 November, 2013

Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. https://indiankanoon.org/doc/192421140/

• D. Velusamy vs. D. Patchaiammal?

In case of d. velusamy vs. d. Patchaiammal, sc, the question has also be to be examined from the point of view of The Protection of Women from Domestic Violence Act, 2005. Section 2(a) of the Act states : where through “2(f) it also defines the live-in relationship status?

“2(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family”;

https://main.sci.gov.in/jonew/judis/37007.pdf

• Lata Singh vs State of UP, the Court upheld that a live-in relationship between consenting adults is not an offence and falls under the ambit of Article 21 of the Constitution, which guarantees the right to life and personal liberty.

• Similarly, in S. Khushboo vs Kanniammal, the Supreme Court ruled that live-in relationships are permissible and should be viewed as a personal choice made by adults. This judgment further reinforced that living together without marriage does not constitute an offence under Indian law, thus offering some legal protection to those in live-in relationships.

• Moreover, the Protection of Women from Domestic Violence Act, 2005 (PWDVA), provides certain rights to women in live-in relationships, treating them as wives for the purposes of protection under the Act. This was a significant step toward recognising the rights of women in such relationships, especially in cases of abuse or domestic violence.

2. Importance of a Live-In Relationship Agreement:

While courts have recognized live-in relationships to some extent, the absence of a formal legal framework means that such relationships can be fraught with uncertainties. This is where a live-in relationship agreement becomes crucial.

A live-in relationship agreement is a legal document that outlines the terms and conditions agreed upon by both parties. It typically includes provisions related to financial arrangements, property rights, child custody, responsibilities during the relationship, and procedures in the event of a breakup.

For instance, the agreement can specify how expenses will be shared, how assets acquired during the relationship will be divided, and who will be responsible for debts. It can also address issues related to child custody and maintenance should the couple have children.

The primary purpose of such an agreement is to provide clarity and prevent disputes. It serves as a safeguard, ensuring that both parties are aligned regarding their rights and obligations. In the absence of such an agreement, disputes can become complex and lead to prolonged legal battles.

Additionally, the agreement acts as a declaration that neither party can penalize the other regarding the clauses that have been mutually consented to and agreed upon. It also ensures that the court will take cognizance of the agreement, offering protection against unwarranted arrest or legal action.

By formalizing the relationship through a live-in agreement, both parties can benefit mutually, including provisions for maintenance, property rights, and other legal protections. It provides a degree of legal protection to those who have consented to and agreed upon the terms of the live-in arrangement.

Furthermore, the agreement facilitates the easier resolution of conflicts by outlining clear procedures and expectations, thereby reducing potential disputes and promoting a more amicable resolution process.

3. Validity and Enforceability of Live-In Relationship Agreements in India:

One of the most critical aspects of a live-in relationship agreement is its validity and enforceability under Indian law. While there is no specific law governing live-in relationships, these agreements are generally considered valid as long as they do not violate any existing laws or public policy. That the status of live-in at to some degree are considered the same as being married?

Badri Prasad v. Dy. Director of Consolidation, MANU/SC/0004/1978:

In this case, the Supreme Court of India addressed a situation where a couple had lived together for approximately 50 years. The petition argued that there was no supporting evidence for the priest's ceremonial performance or the testimony of witnesses. The Court held that a long-term cohabitation creates a strong presumption in favour of the validity of the marriage. Consequently, the burden of disproving the legitimacy of the relationship falls upon the individual challenging its validity.

However, it is essential to recognize that certain clauses in a live-in relationship agreement may be unenforceable if they are considered to be against public policy. For instance, any provision that promotes illegal activities or contravenes fundamental principles of justice may not be upheld by the court. This principle also applies to clauses within agreements for married couples.

In essence, while a live-in relationship agreement can provide significant clarity and protection, it must comply with legal standards and ethical norms. Any clauses that are deemed to encourage unlawful behaviour or violate principles of fairness and justice will not be enforceable. Therefore, both parties should ensure that the agreement is drafted in accordance with legal requirements and public policy considerations to ensure its validity and effectiveness.

That said, Indian courts have shown a willingness to enforce agreements that are clear, reasonable, and made with the full consent of both parties. To ensure enforceability, it is crucial to draft the agreement in a manner that is fair and does not contain any provisions that could be challenged on legal grounds.

Often, couples and others might think that a live-in relationship agreement isn’t very important. However, if problems arise—such as false accusations, claims of domestic violence, or issues of bigamy or adultery—the agreement becomes crucial. It can prove that the couple had previously agreed to certain terms. This helps to clarify the situation and resolve disputes by showing what was agreed upon earlier, making it easier to handle such issues effectively.

4. Steps to Draft a Legally Sound Live-In Relationship Agreement:

The creation of a live-in relationship agreement necessitates meticulous consideration and the involvement of legal expertise. Much like a rent or lease agreement, it is imperative that all potential scenarios and contingencies are thoroughly evaluated and documented in a systematic manner. A comprehensive agreement ensures that all possible issues are addressed and provides clear guidance on how such matters should be resolved. By anticipating and documenting various contingencies, the agreement becomes a valuable tool for managing and mitigating future disputes, thereby facilitating smoother resolution of any issues that may arise during the course of the relationship. Here’s a step-by-step guide to help couples draft a legally sound agreement:

• First of all: Consult a Lawyer: The first step is to consult a lawyer who has a forte in family law. A lawyer can provide guidance on what to include in the agreement and ensure that it complies with Indian law. The legal position of India should be properly ascertained before forging each and new clause.
• Outline the Terms: Both parties should sit down and discuss the terms they want to include in the agreement. This includes financial arrangements, property rights, child custody, and any other contingency that are important to them. Parties, start date, household responsibilities, dispute resolution, termination clauses, confidentiality, signatures and witnesses, debt, inheritance, pets, review and update, and legal consultation should be included in a live-in relationship agreement.
• Draft the Agreement: Once the terms are agreed and decided upon, the lawyer will draft the agreement. It is essential that the language used is clear and unambiguous to avoid any potential disputes.
• Review and Revise: After the initial draft is prepared, both parties should review the agreement carefully. If there are any concerns or changes needed, they should be addressed before finalizing the document.
• Sign the Agreement: Finally, both parties should sign the agreement in the presence of witnesses. It is advisable to have the agreement notarized to add an extra layer of authenticity.
• Retain a Copy: Both parties should keep a signed copy of the agreement for future reference. This ensures that the terms are readily available should any disputes arise.

5. Conclusion:

As live-in relationships become more common in India, it is essential for couples to understand the legal implications of their decision. While the law offers some protection, having a well-drafted live-in relationship agreement can go a long way in safeguarding the rights and interests of both parties.

Such agreements provide clarity, prevent disputes, and offer a sense of security, knowing that both partners are on the same page. As with any legal document, it is crucial to seek professional legal advice to ensure that the agreement is comprehensive and legally sound. By doing so, couples can enjoy the benefits of their relationship without the worry of unforeseen legal challenges.

“Here are some frequently asked questions about live-in relationships and legal agreements in India.”

Q1: Is a live-in relationship legal in India???

A: Yes, live-in relationships are legal in India and recognized by the Supreme Court under certain conditions, though they don't have the same status as marriage.

Q2: Why is a legal agreement important for live-in relationships???

A: A legal agreement helps clarify the rights and responsibilities of both partners, making it easier to resolve disputes or handle separation.

Q3: What should be included in a live-in relationship agreement???

A: The agreement should include details about financial contributions, property rights, inheritance, and responsibilities for any children from the relationship.

Q4: Can a partner in a live-in relationship claim maintenance???

A: Yes, if the relationship is similar to a marriage, a partner can claim maintenance under the Domestic Violence Act. Various judgements already exist for women/girls in order to protect their dignity and their lifestyle.

Q5: What are the rights of children born in live-in relationships???

A: Children born in live-in relationships are considered legitimate and have inheritance rights and the right to financial support from both parents same as what happens to married couples.

Q6: Is a live-in relationship agreement legally enforceable???

A: While not explicitly covered by law, a well-drafted live-in agreement can be enforceable as a contract if both partners agree. It works as a pre-emptive declaration and would make the situation easier to rule out.

Q7: What if a partner refuses to follow the live-in agreement???

A: In case any of the partners refuses to follow the said agreement then the other partner can file a civil suit for breach of contract to seek enforcement or compensation.?

Q8: How does a live-in relationship affect inheritance rights???

A: Without a legal agreement or will, live-in partners don't automatically inherit each other's property. An agreement can clarify these rights. That through various case laws, the status of a married couple can also be bestowed to the live-in couple.

Q9: Can a live-in agreement be challenged in court???

A: Yes, but a well-crafted agreement reduces the risk of disputes and increases the likelihood that it will be upheld.

Q10: What issues can arise without a live-in agreement???

A: Without an agreement, disputes over property, finances, and child custody, domestic voiance, adultery, finance disparages can become difficult to resolve if the relationship ends or a partner passes away.