AUTHOR: By Malavika Rajesh
Introduction
A live-in relationship is a type of relationship where two individuals live together without tying the knot. In India, living together without marriage was seen as a crime as per Indian culture for a long time. The live-in relationship concept is not legally recognized in Indian law unlike other countries; however, the Supreme Court has stated that live-in relationships are not a criminal offence or illegal. Partners living together without marriage do not have the same legal rights just like married couples, but they have legal protection under law. The definition of live-in relationship is not defined anywhere.
Legal Provisions of Live-in Relationship
Article 21 of the Constitution of India provides right to life and personal liberty, serving as the constitutional foundation for the legal recognition of live-in relationships. The Supreme Court of India, exercising its interpretive jurisdiction, has expanded the scope of Article 21 to encompass the right of an individual to cohabit with a partner of their choice, irrespective of marital status.
Section 2(f) of the Domestic Violence Act, 2005: This Act defines “domestic relationship” to include relationships “in the nature of marriage,” thereby extending statutory recognition to live-in relationships. The Act confers upon the women in live-in relationships the right to seek remedies against domestic violence, placing them on par with married women for the purpose of the Act.
Section 125 of the Code of Criminal Procedure, 1973, which provides for maintenance, has been judicially interpreted to encompass women in live-in relationships. In the case of Chanmuniya v. Virendra Kumar Singh Kushwaha (2011), the Supreme Court of India held that women in live-in relationships are entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973.
Section 114 of the Indian Evidence Act, 1872 permits the Court to presume the existence of certain facts, including the presumption of marriage in case of long-term cohabitation.
Rights under Live-in Relationship in India
Right to Maintenance
The live-in relationship has the same provisions as Section 125(1)(a) of the Criminal Procedure Code, 1973 which was interpreted and established under the Protection of Women from Domestic Violence Act, 2005. Section 125(1)(a) of the Criminal Procedure Code, 1973 states that the right to maintenance for a wife who is unable to maintain herself. If a person with sufficient means neglects or refuses to maintain their wife, a Magistrate of the first class can order them to pay a monthly allowance for her maintenance.
Property Rights
The Supreme Court in the case of Velusamy v. D. Patchaiammal (2010) held that a live-in partner may acquire rights to property accumulated during the substance of the relationship.
Right of Inheritance of Property for Children: As per the Supreme Court of India, Section 16 of the Hindu Marriage Act says that the children are allowed to the self-acquired property of their parents. Additionally, as per Section 125(1)(a), it provides right to maintenance even in the case their parents' law does not grant it, and the live-in partners are bound to have the responsibility to care for their children even if they are no longer together.
Rights of Children
In the landmark case of Tulsa v. Durghatiya (2010), the Supreme Court held that children born out of live-in relationships cannot be deemed illegitimate if the parents have cohabited under the same roof for a considerable period. Additionally, there is a lack of special laws governing the children born under live-in relationships; hence such situations are handled by the courts in the same manner as marriages.
Protection Against Domestic Violence
The Protection of Women from Domestic Violence Act, 2005 extends its protection to women in live-in relationships.
Under the Act, women in live-in relationships are entitled to the following rights:
The right to reside in the shared household
The right to seek protection orders against the respondent
The right to claim compensation for damages suffered as a result of domestic violence
Uttarakhand Uniform Civil Code Bill: Major Provisions Regarding Live-in Relationships
The Bill defines a live-in relationship as a cohabitation between a man and woman in a shared household through a relationship in the nature of marriage, provided such relations are not prohibited.
Section 378 mandates that parties in a live-in relationship residing in the state of Uttarakhand shall submit a ‘statement of the live-in relationship’ to the Registrar within whose jurisdiction they reside, within one month of entering into the relationship. Residents of Uttarakhand in live-in relationships outside the state can submit this statement to the Registrar of their respective jurisdiction.
Non-compliance with the registration requirement may result in punitive measures, including imprisonment for up to three months or a fine up to Rs. 10,000 or both.
Registrar's Powers and Duties (Section 381)
Examine the contents of the submitted statement.
Conduct a summary inquiry into various aspects of the relationship, including the marital status of partners, their age, and the nature of consent.
Summon the partners or any other person for verification.
Require additional information or evidence for inquiry.
Under Section 381(4), within thirty days of receipt of the statement, the Registrar shall:
Enter the statement in a prescribed register and issue a registration certificate, or
Refuse to register the statement, providing reasons in writing for such refusal.
The Registrar is obligated to inform the local police station and parents/guardians if any party to the live-in relationship is less than 21 years old.
Legal Status and Rights
Section 382 stipulates that the incorporation of the statement in the prescribed register is for record purpose only.
Section 379 declares that a child born of a live-in relationship shall be deemed legitimate.
Section 388 provides for maintenance rights: if a woman is deserted by her live-in partner, she shall be entitled to claim maintenance. Such claims may be filed in the competent court having jurisdiction over the place where they last cohabited. The provisions of Chapter 5, Part 1 of this Code shall apply mutatis mutandis to such maintenance claims.
Major Case Law
Aaftab Amin Poonawala v. State Govt of NCT of Delhi (Shraddha Walker case) 2022:This case highlighted the need for strong legal protections for individuals in live-in relationships.
Chawali v. State of U.P (2015):In this case, Allahabad High Court acknowledged that not all live-in relationships result in adverse consequences. The Court stated that fundamental rights securing individual liberties should be interpreted from an "Indian perspective," suggesting a cultural context for legal interpretations. The Court's stance highlighted the legal ambiguity surrounding live-in relationships in India, where such arrangements are not illegal but do not confer the same rights and social acceptance as marriage.
Lata Singh v. State of U.P (2006):The Supreme Court extended protections similar to those granted in the Lata Singh case to live-in relationships. The Court stated:"Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country."
These rulings established that:a) Women in live-in relationships are entitled to protection against domestic violence.b) Children born of such relationships have property rights.
Conclusion
Live-in relationships in India, though not explicitly recognized by law, are not illegal. The Supreme Court has stated that such relationships fall under the protection of Article 21 (right to life and personal liberty). Key rights like maintenance for women, property rights for children, and protection against domestic violence are granted through interpretation of existing law like the Domestic Violence Act, 2005 and CrPC. The Uttarakhand Uniform Civil Code Bill aims to regulate live-in relationships through mandatory registration. There is still limited societal acceptance. The legal framework is evolving to balance individual rights with cultural values in modern India.
