July 30, 2024

Live-in relationships, once considered taboo in Indian society, are gaining acceptance as an alternative to traditional marriage. However, despite the increasing prevalence, there is still ambiguity surrounding the rules and regulations governing live-in relationships in India. The concept of a live in relationship was a practice avoided by Indian society for a long time. Living together before tying the knot is an offence or crime to Indian culture previously. Most importantly, the Hindu Dharma prefers ‘One Man, One Wife’ as the most sacred form of matrimony. But as people start to evolve mentally, successive generations are ready to accept a few refusing practices. Lets have a look at the Live in relationship laws in India. Living together For example, cohabitation is a situation in which two people choose to live together for an extended period or permanently while maintaining an emotionally and/or sexually involved connection. The phrase is most usually used to refer to unmarried couples. For instance, let’s take the case of decriminalization of homosexual cohabitation. The recent judgments, like the decriminalising sections 377 and 497 of the IPC, show how Indian laws have also evolved along with society. What is the meaning of a Live in Relationship? A live-in relationship is an arrangement where a couple lives together in a long-term relationship that resembles a marriage. However, unlike marriage, it is not legally recognized. The couple lives together to understand compatibility before deciding on marriage. A living relationship couple are the ones who cohabit, with no expectations being the bottom line. However, there is no legal definition to describe the concept in Indian law. It is more of a Westernised theory with very little relevance with the Indian tradition. So the Supreme Court, at various instances, took the liberty to elaborate on the concept through their judgements. It is different from a marriage. (Marriage or wedlock or matrimony, is a socially/ritually knowledgeable union of a couple). Live in relationship partners don’t force on obligations. When asked if a live-in relationship is good or bad, there is no proper explanation on if it is good or bad. It merely depends on the person and one’s personality on looking from a different perspective. Live-in relationship under Indian law A domestic cohabitation between a major unmarried female and a major unmarried male. It is considered as the simplest kind of relationship between all. A domestic cohabitation between that was entered mutually by a major unmarried woman and a married man. A domestic cohabitation between that was entered mutually by a major unmarried man and a married woman. These two are the most acknowledged type of live-in relationship in India. Moreover, adultery is a type of relationship, and it is punishable under the Indian Penal Code, 1860. A domestic cohabitation between that was entered unknowingly by a major unmarried woman, and a married man is also punishable under Indian Penal Code, 1860. A domestic cohabitation between partners who are homosexual, cannot lead to a marital relationship. As in India, any matrimonial law for homosexuality is not defined yet. The legal status of live-in relationship in India Live-in relationships are not explicitly recognized under Indian law. However, the Supreme Court of India has recognized them as valid relationships and provided certain rights and protections to couples in live-in relationships. In western countries, there is a broader acceptance of a couple in a relationship. This can be understood by their civil and union agreements, legal recognition, prenuptial between couples. However, it is not similar in India. In most of the western Apex Courts, it was ruled that if a man and a woman has lived in a live-in relationship for a long term and even has children, same marital laws as a husband and a wife will be applicable on them. In India, the Apex Court even stated that a woman and a man living together is a choice and lies under the right to life. Hence, it is not a criminal offence. So, live-in relationships in India are legal. In a typical marriage, the partners are given certain rights and duties to be performed by either of them. There are several personal laws such as Hindu laws, Muslim laws, Christian Laws, etc. that govern and protect the marital bond of a recognized couple. Live In Relationship, being an alien concept to the Indian legislature, does not have any live in relationship laws for couples who live together without marriage involved in the relationship. Since living relationship also support pre-marital sex, there are high chances of a child being born. These children, unlike the successors born out of wedlock, do not have any rights over the inheritance. Besides this, society treats them as illegitimate children, which is unacceptable. However, the Hon’ble Supreme Court cleared them of this ill-fated. And granted them the status of a legitimate child along with the right to property. Live in relationships were legally considered void-ab-initio. But in a judgement in 1978, such relationships are valid for the first time because of the Supreme Court. If the requisites of a marriage such as mental soundness, the fulfilment of the legal age of marriage, consent, etc. are all satisfied, the couple is considered following live in relationship laws. The couple is also regarded as married if they live together for a considerably long period until proven otherwise. The apex court has given five different types of living together in the excellent judgement of Indra Sarma Vs V.K.V.Sarma in 2013. It also stated that such relationships fall within the ambit of Section 2(f) of the Protection of Women Against Domestic Violence Act, 2005 that provides an insight into the said concept. In living relationship, the facets of the relationship might come to a conclusion, irrespective of any decision made by the couple. Marriage and live-in relationship Marriage- Marriage in India is an institution that is ritually and socially accepted. Basically, it is a contract between the partners that imposes rights, duties and legal obligation towards each other. Because of the diverse culture in India, different laws have