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 been formulated, that lays down the guideline and the procedure to execute marriages in different religions. Not every marriage is bliss. In order to deal with the disputes arises in marriages between the partners, marriage laws has been created in different religions.
Along with the laws related to maintenance under personal laws, the Code of Criminal Procedure, 1973, section 125, also shields the wife with maintenance if she cannot maintain herself.
Also, there are provisions for women seeking extra maintenance other than maintenance received under other laws, Protection of Women from Domestic Violence act, 2005, section 20(1) (d).
Live-in relationship in India
Live-in relationship in India has been in talks since years, but there is no law that binds the partners with each other if any of the partners wants to walk out of a relationship.
The legal definition of a live-in relationship is still unconfirmed, as there is no legal definition of the same. As mentioned, the right of a wife to get maintenance is decided by the court under the Protection of Women under Domestic Violence Act, 2005 and the individual facts.
Though the concept of live-in relationship is still a taboo in India, and not openly accepted by the society, the Protection of Women from Domestic Violence Act, 2005 offers maintenance and protection by providing alimony for an aggrieved live-in partner.
Protection of children and women of a live-in relationship from exploitation
Maintenance of the female partner- All the personal laws in India protect their women by offering the right to maintenance to them. But, unfortunately, none of the religions accepts and recognises a live-in relationship. Hence it is the Indian courts that worked on a remedy to this problem by widening up the scope of maintenance under the Code of Criminal Procedure, 1973. Section 125 of the act offers a legal right to maintenance to the female partner both in and out of marriage.
Domestic violence with the female partner or children born out of a live-in relationship- The Protection of Women from Domestic Violence Act, 2005 was enforced to protect the women in India from abusive (mental, verbal, economic and physical) marital relationships. Shielding the female partner in a live-in relationship, section 2(f) of the act is applicable for protection to not only married women but women living in a ‘relationship in nature of marriage.’
Considering all these factors, the Honourable Supreme Court of India has allowed live-in relationships, covered within the ambit of law specified, in a couple of cases.
Children born out of marriages – In a live-in relationship, child/children can be born if it sustains for a long time. It is noteworthy that as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority, live-in couples cannot adopt a child in India. But in case any dispute arises regarding custody of a child, the partners can consult a child custody lawyer.
Legitimacy and inheritance rights of children born out of a live-in relationship- The Hindu Marriage Act, 1955, section 16 talks about inheritance rights of children and provides the legal status of legitimacy to an illegitimate child (born out of marriage or live in) for the sole purpose of inheritance. Hence, the children born out of a live-in relationship are also granted inheritance rights. These rights are applicable to both ancestral and self-bought properties.
Custody and maintenance rights of children born out of a live-in relationship- It is the personal marriage laws that deal with the maintenance rights of children born out of regular marriages, which is applicable to children born out of a live-in relationship as well. It varies from one personal law to another. Like, under Muslim rule, a father is not liable for maintenance for a child born out of marriage, whereas in the Hindu law, the father has to maintain such child.
Furthermore, section 125, the Code of Criminal Procedure, 1973, is there for children who cannot claim maintenance under personal laws, as it offers a legal right of maintenance to both the wife, female partner and children.
Advantages And Disadvantages Of Live In Relationships
The Supreme Court’s controversial statement regarding live in relationships and pre-marital sex has sparked intense debate across the country. This historic observation has upset many conservative groups who fear that it may undermine the sanctity of marriage. A fragment of society, including notable social activists and prominent figures, has expressed their views on this matter.
Maa Ghara Foundation Trustee, Rutuparna Mohanty, expressed concerns over the potential adverse effects of the ruling. She hopes that the government will take appropriate steps to safeguard the rights and dignity of Indian women and protect society from potential chaos. Mohanty believes that such a ruling could lead to increased instances of child pregnancies and spread HIV/AIDS despite its aim to restrict multiple partners. She also worries that children born out of live in relationships may not receive proper upbringing.
Some social scientists have identified serious social issues such as adolescent girls’ early pregnancies, drug abuse, violence, and juvenile delinquency. They argue that the controversial ruling could legalize objectionable social behavior, leading to a more spoiled new generation that prefers live in relationships over arranged marriages.
BJP spokesperson Shaina raises concerns about the amendment’s implications on the Hindu Marriage Act, which does not provide for a second wife among Hindus. She believes that granting the status of a legally married wife to a mistress, including property, inheritance, and maintenance rights, goes against both the Act and Hindu customs.
Those in favor of the freedom to choose live in relationships see the recent observations as a positive step emphasizing individual freedom. They believe that such relationships allow partners to understand each other better without legal complexities, making it easier to walk out of the relationship if needed. They argue that people should be free to live as they wish as long as their actions do not harm others.
Women from various walks of life welcome the progressive moves regarding live in relationships, viewing them as a reflection of societal changes and pragmatism. Some feel that the younger generation is becoming more realistic and should have the freedom to make informed choices about their relationships.
It is important to note that live in relationships have been a subject of debate for a long time, with discussions revolving around whether such relationships can be legally recognized. While it is legal for unmarried individuals to live together in many places, the law traditionally favors marriage and reserves certain rights and privileges for married individuals.
Despite legal recognition, the law does not actively promote live in relationships, as it traditionally supports the institution of marriage. However, in some cases, the law seeks to protect women from patriarchal power dynamics that can exist even in live in relationships. Here’s a concise breakdown of the pros and cons of live-in relationships from a legal perspective:
| Advantages | Disadvantages |
| Allows couples to assess compatibility before marriage. | It has no legal status, leading to challenges in property rights and benefits. |
| Shared expenses can lead to cost savings and tax benefits. | May face societal disapproval or stigma. |
| Offers flexibility without legal obligations. | Fewer legal protections in case of separation. |
| Allows for equitable distribution of costs. | Challenges in resolving disputes without legal documentation. |
| Provides constant companionship and emotional support. | Establishing legal rights can be complex. |
| Couples can maintain individual identities. | Partners may have unequal rights without legal protections. |
| Encourages open communication and problem-solving. | Potential for costly legal disputes upon separation. |
| Opportunity to develop essential relationship skills. | Few legal precedents may complicate legal proceedings. |
FAQs
What is the age limit for a live in relationship?
There is no age limit for live in relationships in India as long as both partners are above the legal age of consent (18 years). However, it is important to note that any sexual activity with a person below the age of 18 years is considered statutory rape and is a criminal offence.
What is the purpose of a live in relationship?
The purpose of a live in relationship varies from couple to couple. For some, it may be a way to test compatibility before marriage, while for others, it may be a conscious choice to live together without getting married.