Index
- Introduction
- Evolution Of Legal Recognition Of Live-In Relationship
- Legal Protections For Women In Live-In Relationships In India
- Challenges Faced By Couples In Live-In Relationships In India
- Impact on Children In Live-In Relationships In India
- Legal Developments For Women In Live-In Relationships In India
- Conditions For Recognizing Live-In Relationships As Marriage-Like
- Mandatory Registration Of Live-In Relationships In Uttarakhand
- Conclusion
- FAQs
Introduction
A live-in relationship means living together without getting married. In India, this was against Indian culture for a long time. However, people are now evolving and starting to accept some previously rejected practices. Live-in relationships are not legally recognized as marriages in India like they are in some other countries. However, the Supreme Court of India has ruled that living together without marriage is not a crime. While partners in live-in relationships don’t have the same legal rights as married couples, they do have some legal protections. For instance, partners in a live-in relationship cannot inherit each other’s property and do not have the right to maintenance if they separate. However, a child born from a live-in relationship has the same legal rights as a child born to married parents.
These laws will be further discussed in the article.
Evolution Of Legal Recognition Of Live-In Relationship
Live-in relationships have existed in India for centuries, but their formal legal recognition is recent. In 2005, the Protection of Women from Domestic Violence Act provided legal protection for women in marriage-like relationships who face domestic violence.
The Indian legal system first recognized live-in relationships in 2010 with the Supreme Court case Khushboo vs Kanniammal. The court ruled that live-in relationships were neither illegal nor immoral, and consenting adults had the right to live together without marrying.
In 2015, the Supreme Court, in D. Velusamy vs. D. Patchaiammal, recognized that a long-term live-in relationship could be considered a valid marriage under certain conditions, entitling women to maintenance after separation.
Later in 2015, the Indra Sarma vs V.K.V. Sarma’s case further expanded rights, confirming that women in long-term live-in relationships are entitled to maintenance, even if these relationships are not legally recognized as marriages.
Legal Protections For Women In Live-In Relationships In India
The Domestic Violence Act, 2005: protects women in live-in relationships who face domestic violence. It defines a domestic relationship as two people living together in a household and in a marriage-like relationship. Thus, a woman in a live-in relationship can seek protection under this Act. In 2015, the Supreme Court of India ruled that a woman in a long-term live-in relationship is entitled to maintenance from her partner after separation, even though such relationships are not legally recognized as marriages in India
Right to Maintenance: In a live-in relationship, individuals have similar maintenance rights as in Section 125 (1)(a) of the Criminal Procedure Code, 1973. This section covers financial support for a wife, child, or parents
Protection of Women from Domestic Violence Rules, 2006: These rules outline how women in live-in relationships can apply for protection orders, residence orders, and financial relief.
Protection of Women from Domestic Violence (Amendment) Act, 2013: This amendment includes “relationships in the nature of marriage” under “domestic relationship,” extending protections to women in live-in relationships.
Indian Penal Code: The IPC includes criminal liabilities for offenses like rape, adultery, and bigamy, which can also apply to live-in relationships.
Challenges Faced By Couples In Live-In Relationships In India
Couples in live-in relationships in India encounter various social and legal challenges due to the lack of legal recognition. They are :
- Social Stigma: These relationships are not widely accepted, leading to disapproval from family, friends, and society.
- Lack of Legal Protection: Live-in couples do not have the same rights as married couples. They may not have property rights, inheritance rights, or maintenance rights if they separate.
- Financial Instability: Without legal recognition, couples may face financial difficulties. In case of separation, they may not have any legal claim to their partner’s property or assets.
- Domestic Violence: Women in live-in relationships may be vulnerable to domestic violence and may lack legal protection against it.
- Lack of Social Security: Live-in couples are not eligible for social security benefits like health insurance, pensions, or other benefits available to married couples.
- Family Pressure: Families often exert pressure on couples to get married or conform to traditional societal norms.
Impact on Children In Live-In Relationships In India
Children born from live-in relationships may face mental trauma, custody, and maintenance issues as they grow up. Courts recognize these children as legitimate and grant them rights to both ancestral and self-acquired property.
Since there are no specific laws for children in live-in relationships, Section 125 of the CrPC provides protection and maintenance for all children who can’t claim remedies under existing laws.
However, couples in live-in relationships in India are not allowed to adopt children according to the Central Adoption Resource Authority (CARA) regulations.
A child born from a live-in relationship can only claim a share of their parent’s self-acquired property. However, some argue that this interpretation may also extend to ancestral property, as Section 16 of the Hindu Marriage Act,1955 allows a share in the parents’ property. Therefore, it can be debated that the child is entitled to both self-acquired and ancestral property.
When a live-in relationship ends, child custody is handled like in a marriage. The court prioritises the child’s well-being when deciding custody.
Legal Developments For Women In Live-In Relationships In India
In October 2008, the Maharashtra Government proposed that a woman in a live-in relationship for a “reasonable period” should be granted the status of a wife, with the definition of “reasonable period” depending on each case.
On June 30, 2008, the National Commission for Women recommended that the definition of “wife” in Section 125 of the Cr.P.C. should include women in live-in relationships. This would align the protection against domestic violence with that of legally married women. The Supreme Court’s Justice Malimath Committee supported this, suggesting that long-term live-in relationships should be deemed marriages.
The Committee also proposed amending “wife” in the Cr.P.C. to include “a woman living with the man like his wife,” making her eligible for alimony. On September 16, 2009, the Supreme Court ruled that a woman in a live-in relationship can claim maintenance under Section 125 of the Cr.P.C. without proving a formal marriage.
Additionally, the Allahabad High Court ruled that a 21-year-old woman has the right to live with a man without marrying if both agree. The Supreme Court further stated that a long-term live-in relationship is akin to marriage, and any child born from it is legitimate.
Conditions For Recognizing Live-In Relationships As Marriage-Like
Courts have outlined specific conditions for a live-in relationship to be considered similar to a marriage:
- Duration of the Relationship: The couple should live together for a significant period, such as months or years. Short-term relationships, like a few weeks or a one-night stand, do not qualify.
- Socialisation in Public: The couple must socialise publicly with friends, relatives, and others.
- Age: Both partners must be above the legal marriage age of 18 when entering the live-in relationship.
- Sexual Relationship: The couple should have a sexual relationship that includes emotional and intimate support.
- Financial Arrangement: They should have financial arrangements similar to a married couple, such as pooling resources, supporting each other financially, shared bank accounts, joint assets, or long-term business investments.
- Domestic Arrangement: The couple should share domestic responsibilities, like running the household, cooking, cleaning, and house upkeep.
- Intention and Conduct: The couple’s common intention and conduct regarding their relationship and their roles and responsibilities determine the nature of the relationship.
- Children: Having children strongly indicates that the relationship is similar to a marriage and suggests a long-term commitment.
Mandatory Registration Of Live-In Relationships In Uttarakhand
In Uttarakhand, all live-in relationships must be registered. Failure to register could result in a prison term of up to three months, a fine of ₹10,000, or both, according to the draft Uniform Civil Code. A child born from such a relationship will have all the rights and privileges of a legitimate child.
If a live-in relationship ends, the registrar must be informed, who will then notify the other partner. If a woman is deserted, the man must pay maintenance as decided by a competent authority.
If either partner is under 21, the registrar will notify the parents and forward the registration to the local police station.
The proposed law requires all live-in relationships in Uttarakhand, regardless of residency, to be registered with the local registrar. The registrar will review the application and conduct an inquiry to ensure compliance with prescribed norms. The registrar can summon the partners or others for verification and additional information.
Live-in relationships will not be registered if the partners are in a prohibited relationship, their customs go against public policy and morality, one partner is married or already in a live-in relationship, one partner is a minor, or if consent was obtained through force, coercion, undue influence, misrepresentation, or fraud.
After an inquiry, the registrar will register the live-in relationship and issue a certificate within 30 days or refuse registration, providing written reasons for the refusal.
If the registrar finds the provided information incorrect or suspicious, the local police station will be informed for appropriate action.
Any partner who fails to register after receiving notice can be punished with up to six months in jail, a fine up to ₹25,000, or both, upon conviction by a judicial magistrate.
Conclusion
The legal landscape surrounding live-in relationships in India has evolved significantly over the years, reflecting broader changes in societal attitudes and the push for gender equality. Legal recognition and protections for women in live-in relationships have grown, yet challenges persist. These couples face societal scrutiny, legal ambiguities, and complications regarding children’s rights and inheritance. Legal developments have increasingly focused on ensuring rights similar to those in marriages, provided certain conditions are met, while regional initiatives like Uttarakhand’s mandatory registration seek to formalize these relationships further. As the judiciary continues to interpret and expand legal protections, it is crucial to balance modern relationship dynamics with traditional values, ensuring comprehensive protection for all parties involved.
FAQs
Q: Are live-in relationships legally recognized in India?
A: Yes, live-in relationships are legally recognized in India, and couples in such relationships are entitled to certain legal protections, especially regarding women’s rights and inheritance.
Q: What legal protections do women in live-in relationships have?
A: Women in live-in relationships are protected under laws against domestic violence, and they have rights similar to those in marriages regarding maintenance and property inheritance from parents.
Q: What challenges do couples in live-in relationships face in India?
A: Couples often face societal stigma, legal ambiguities, and issues related to children’s legitimacy and inheritance rights.
Q: How are children from live-in relationships treated legally in India?
A: Children born out of live-in relationships have the same legal rights as those born within marriages, including inheritance rights.
Q: What are the conditions for recognizing a live-in relationship as marriage-like?
A: Conditions include long-term cohabitation, shared household duties, and the public perception of the couple as akin to a married couple.
Q: What is the significance of mandatory registration of live-in relationships in Uttarakhand?
A: Mandatory registration in Uttarakhand aims to formalise these relationships, providing clearer legal status and protections.
