Legality and Acceptance of Live-in in India

Marriage in the Indian society has been considered as a sacred bond since the Vedic period. But the concept of Marriage has evolved over the decades. The upcoming generations have broader perspective towards relationships and marriage. One such liberal concept – Live-in Relationship is adopted by various couples around the world. Can two people stay together without being married?

Well, Yes according to the law – ‘The relationships where two people cohabit outside marriage without any legal obligations towards each other are known as live-in relationships.’ This concept is accepted by people all over the world and it has slowly paved it way even in India, where once such relationships were considered a taboo.

What exactly is Live-in?

Live-in relationship in simple words is a relationship where both partners enjoy the individual freedom and live in a shared household without being married to each other. It also includes cohabitation between the two persons along with willingly undertaking responsibilities of the house they share in. There is no law yet to forcefully bind the live-in couple together for a lifetime and so either of the partners can walk away whenever he/she wishes to. This was declared by the Allahabad High Court in the case - Payal Sharma v. Nari Niketan, Agra, AIR 2001 All 254, wherein the Bench consisting of Justice M. Katju and Justice R.B. Misra observed that, “In our opinion, a man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but it is not illegal. There is a difference between law and morality.”

Does Law Permit It?

The Supreme Court has ruled that any couple living together for a long term will be presumed as legally married unless proved otherwise. Likewise the aggrieved live-in partner can take shelter under the Domestic Violence Act 2005, which provides protection and maintenance and thereby grant the right of alimony.

In India, our law doesn’t provide any rigid framework for duties and obligations for live-in relationships on both parties. There is also no specific law like that of marriage for live-in, in India. The Supreme Court has clarified the concept of live-in through various judgements laid down in the past few years. A few rights have been granted under law to live-in couples, to prevent misuse of live-in, as many children born out of such relationships have to face the vulnerabilities of the society. The judiciary has kept in mind all the required factors including both societal norms and constitutional values, while deciding the judgements for live-in relationships in India.

There are various case laws given by the Supreme Court supporting the live-in relationships in India. In one the case- Badri Prasad v. Director of Consolidation,1978 AIR 1557, the Supreme Court gave legal validity to a 50 year live-in relationship of a couple. It was a landmark judgement given by Justice Krishna Iyer that a strong presumption arises in favour of wedlock where the partners have lived together for a long term as husband and wife.

The case of - D.Velusamy vs. D.Patchaiammal, 21st October, 2010 (Special Leave Petition (Crl.) Nos.2273-2274/2010]), focused mainly on voluntary cohabitation of both partners along with a legal age to marry or enter into marriage. It further clarified that, if a man keeps women as a servant and maintains her financially and uses mainly for sexual purposes, such relationship would not be considered as marriage in the court of law.

Is living together a crime? Well, in the landmark case of - S. Khushboo vs. Kanniammal & Anr, AIR 2010 SC 3196, the court stated that living together is a right to life and therefore not ‘illegal’. It comes under the ambit of Right to Life under Article 21 of the Constitution of India.

Do partners get Right to Maintenance or Property?

The right to maintenance in live-in relationship is decided by the court in accordance with the Domestic Violence Act, 2005. Section 2(f) of the Domestic Violence Act, 2005 defines:

“Domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.” With the above said provision live-in doesn’t come appropriately under the definition but the court interpreted it as an expression “relationship in the nature of marriage”. The Courts presume live-in relationships to be covered under the ambit of the expression as the words nature of marriage and live-in relationship stand on the same line and meaning. This gives women some basic rights to protect themselves from the abuse of fraudulent marriage, bigamous relationships.

What about the children born out of live-in? Are they considered legal?

The Supreme Court for the first time held the legitimacy of children born out of live-in relationship in the case - S.P.S. Balasubramanyam v. Suruttayan, AIR 1992 SC 756. The SC said that if any man or woman living under the same roof for years under cohibition then, they will be presumed to be residing as husband and wife under section 114 of the Evidence Act and, children born out of such relationship will be considered legitimate.

Do such children get Right in Property?

Well it should get legally as live-in considered legal by the court of law. This was also decided in of the cases by Supreme Court. In the case - Bharatha Matha v. R. Vijaya Renganathan (2010) 11 SCC 483, the Supreme Court held that a child born out of a live-in relationship may be allowed to inherit the property of the parents (if any) and therefore be given legitimacy in the eyes of law. Also on 31st March, 2011 a special bench of the Supreme Court of India consisting of - G.S. Singhvi, Asok Kumar Ganguly in Revanasiddappa v. Mallikarjun, sat and remarked that irrespective of the relationship between parents, birth of a child out of such relationship has to be viewed as an independent relationship of the parents.

Live-in has become too mainstream these days in some parts of India. But I think there should be more such norms under the law for live-in relationships to prevent its misuse. This concept is generated by youth to recognize their compatibility for each other for judging whether they will be able to reside together in a lifelong marriage or not. Even though the concept of live-in is considered immoral for some of the people in society especially of remote areas, it is legal in the eyes of law. And the court has even tried to improve the condition of women from abuse and children born out of such live-in, under the Domestic Violence Act, 2005 if the relationship is justified through evidences under the term “relationship in the nature of marriage”. We must all feel privileged that judiciary understands the changing scenario of the society and accommodates its legality in our Constitution. Yet there are various other norms and legal regulations which needs to abide under the law for legality of live-in relationships, in India.

As far as the individuals agree upon living together for a specific period of time willingly, the society should accept and respect their decision as they being mature adults and responsible enough for their actions in the near future.

With this I sign off. Keep Respecting People and Abide by the Law.