LEGAL STATUS OF LIVE-IN RELATIONSHIP IN INDIA

LEGAL STATUS OF LIVE-IN RELATIONSHIP IN INDIA

INTRODUCTION

A live-in relationship (also called as cohabitation in some countries) is an arrangement when people involved in a romantic and sexual relationship as partners foe a long term or permanently decide to live together without marriage. 

This fo of living together is not recognised by Hindu Marriage Act,1955 or any statutory law. It is not recognised as a legal union under any law in India as this concept is still evolving . In this kind of relationship the couple enjoys the benefit of living together without the legal obligations and formalities of marriage. This includes making decisions together, sharing household chores and responsibilities and having freedom to choose their lifestyle. The couples in such relationship don’t have the same legal rights as married couples  However supreme court has recognised that living together as partners without getting married is not a criminal offence.

HISTORY

Live-in relationship is not a new concept in India, it has been prevalent in various parts of the country for centuries.

According to Manu Smriti, in Vedic period and afterwards pre marital relationships existed but were of rare occurrence. In Vedas we find mention of 8 types of marriages e.g. Brahma, Daiva etc. of these Gandharva marriage has elements which are quite similar to that found in live-in relationships. As per this marriage, the boy and the girl start living together once they find each other suitable without the need of anyone else’s consent, which also includes their parents . However, the formal recognition of live-in relationship under Indian law is relatively a recent development.

REASONS BEHIND LIVE-IN RELATIONSHIP

Live-in relationship is becoming increasingly common in modern society particularly among young generations who may choose to live together before getting married. The reasons behind the growth of concept of live-in relationship is as follows:

• Couple in the relationship may want to check their compatibility before they commit to a legal relationship.

• They may want to maintain their single status for financial reasons .

• In some cases, such as involving those gay and lesbian couples the law doesn’t allow them to marry.

•  In some cases the partners may feel that constitution of marriage is unnecessary .

• Most of the couples go for live in relationship because they hate to be divorced.

RECOGNITION OF LIVE-IN RELATIONSHIP IN INDIA

The first time the legal system in India recognised live-in relationship was in 2010,when the Supreme court of India passed a landmark judgement in case of “KHUSHBOO VS . KANNIAMMAL”. In  this case the court held that live-in relationship were not illegal or a criminal offence and that two consenting adults had right to live together without getting married.

LEGAL REMEDIES PROVIDED UNDER DIFFERENT STATUTES

Live-in relationship is not considered a legally recognised union still couples in live-in relationship have some legal protection under the Indian law which is as follows:

• In 2015, Parliament passed the protection of women from Domestic Violence Act. This act protect women who live with their parents in marriage. This act recognised the need to protect women who face domestic violence in live-in relationship.

• In 2015, Supreme court held that a woman who had been in a live-in relationship for long time should be entitled to maintenance from her partner even though its not recognised as marriage under Indian law.

• The Indian penal code provides for the criminal liability for the offences like rape, adultery and bigamy which can also be applicable in cases of live-in relationship.

• The rules made under the protection of women from Domestic Violence rules,2006 provide for the procedure for the application for protection orders and monetary reliefs by women in live-in relationships.

LEGAL STATUS OF LIVE-IN RELATIONSHIP IN INDIA

Live-in relationship is not recognised as a valid union in India. There is no specific legislation under the Indian law. According to Indian law, marriage is the only legal union that is recognised as live-in relationship couples are not entitled to same legal rights and protection which creates challenge for couples especially in case of separation of disputes related to property.

In 2006, in case of “LATA SINGH VS STATE OF UTTAR PRADESH”, It was held that a live-in relationship between two consenting adults of opposite sex, though perceived as immoral,does not amount to any offence under the law.

Similarly, in the case of “D.VELUSAMY VS D.PATCHAIAMMAL”, the Supreme court held that a live-in relationship can be presumed to be a valid marriage if the couple has lived together for a long time and there is evidence to show that they have held themselves out to society as being akin to spouses.

• In PAYAL SHARMA Vs. N TALWAR, Delhi High court held that a woman in live in relationship is entitled to same rights as a legally wedded wife under the Hindu Marriage Act,1955.

CHALLENGES FACED BY COUPLES IN LIVE-IN RELATIONSHIP

• Lack of legal protection : As the concept of live-in relationship is not recognised in India legally and couples don’t have Same legal rights as a married couple. So they may not be entitled to property rights and inheritance

• Social stigma: Live-in relationship is not widely accepted in India so the couples may face societal issues and disapproval from friends and family and society.

• Financial instability: The couples may face financial instability and lack of protection and in case of separation they may not have legal right to claim property or assets of their partner.

• Family pressure: In India families often play significant role in the personal lives of individuals. They may face pressure from family to get married according to the traditional norms of the society.

CONCLUSION

If we look at the present scenario it is evident that there is a kind of revolutionary change in the society as the people are accepting  love marriages and adopting live-in relationships. This concept is more prevalent in metropolitan cities . India is a country which is welcoming western ideas and lifestyle and live in relationship is one the most crucial concept amongst these lifestyles.

**Author:- Manpreet Kaur, a Student of URU NANAK DEV UNIVERSITY REGIONAL CAMPUS GURDASPUR