Law on Live-in Relationships in India | Criminal Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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India has witnessed a drastic change in the way the present generation perceives their relationships. The non-acceptant fact of live-in relationship that used to haunt couples living in these relationships has started to fade away with society opening up about the idea of pre-marital sex and live-in relationships. This improved mindset of the society is a result of freedom, privacy, profession, education and also globalization. However, it is not an easy escape from responsibilities for most of the people but it is an easy way for the couples to understand each other and also check if they are compatible to each other. There is no law that binds the partners together and subsequently, either of the partners can walk out of the relationship if they wish to do so. There is no legal definition of live-in relationship so the legal status of such type of relation is also unconfirmed.
What is the law on Live in Relationships in India
The Supreme Court in the case of Indra Sarma vs. V.K.V. Sarma (2013, 15 SCC 75) has defined live-in relationships in five different ways.
i) Live-in relationship is a domestic cohabitation between an adult unmarried male and an adult unmarried female and this is the simplest kind of relationship.
ii) A domestic cohabitation between a married man and an adult unmarried woman (entered mutually).
iii) A domestic cohabitation between an adult unmarried man a married woman (entered mutually). These are the most complex grey areas of acknowledging live-in relationship. The second kind of relationship mentioned is adultery and though the partners entered into it mutually, it is punishable under Indian Penal Code.
iv) A domestic cohabitation between an unmarried adult female and a married male entered unknowingly is also punishable under Indian Penal Code.
v) A domestic cohabitation between two homosexual partners, which cannot lead to a marital relationship in India as no marital laws against homosexuality are defined yet.
The Supreme Court, through this case observed that live-in relationship or marriage like relationship is neither a crime nor a sin though it is socially unacceptable in India. The decision to marry or not to marry or to have a heterosexual relationship solely depends on that particular individual.
In the western countries, people have a broader mindset and understanding of a couple in a live-in relationship, which is evident in their legal recognition of prenuptial agreements, civil and domestic union of couples etc. however, it is not the same in India. The Apex Court in so many of its judgments has stated that if a man and a woman “lived like husband and wife” in a long-term relationship and even had children, the judiciary would presume that the two were married and same laws would be applicable to them. In Tulsa & Ors vs. Durghatiya & Ors (2008,4 SCC 520) the Supreme Court gave legal validity to a 50 year live-in relationship of a couple. It was held that the Court may presume the existence of any fact which it thinks likely to have occurred. The provisions of Section 50 and 114 of the Indian Evidence Act together, we can be clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case. The Apex Court even declared that it is the right of a man and a woman who is in love and are living together and this is not considered as a “criminal offence”. Therefore, live-in relationships are legal in India.
Protection against Exploitation of Women & Children in Live-in Relationships
Maintenance of a Lady Partner: The right of maintenance is available to wives under all personal laws in India. However, none of the religions recognizes and accepts live-in relations. Since there is no remedy granted to the women involved in a live-in relationship, Indian Courts have widened the scope maintenance under the Section 125 of the Code of Criminal Procedure (Cr. P.C.) of 1973 which has provided to give a legal right of maintenance to lady partners in or out of marriage.
Domestic Violence: The Domestic Violence Act of 2005 was enforced as an attempt to protect women from abusive marital relationships such as physical, mental, verbal or economic abuses. However, as per Section 2(f), this Act not only applies to a married couple but also to a ‘relationship in nature of marriage’. Therefore, considering all this even the Supreme Court in a couple of cases has allowed live-in relationships to be covered within the ambit of the law specified.
Children out of Marriage: Partners living together for a long time may have children together but the live-in couples are not allowed to adopt children as per the guidelines governing the Adoption of Children as notified by the Central Adoption Resource Authority. In case of a dispute with respect to custody of the child, the partners are requested to consult a Child Custody Lawyer.
Legitimacy & Inheritance Rights of Children: The inheritance rights of children are mentioned in Section – 16 of the Hindu Marriage Act, where the legal status of legitimacy is provided even to illegitimate children for the sole purpose of inheritance. This right has been particularly granted to children born out of live-in relationship and these rights are available in both ancestral and self-bought properties.
Custody & Maintenance Rights of Children: The position on the maintenance rights of children out of marriage varies in personal marriage laws. For instance, under the Hindu Law, the father has to maintain the child, whereas under the Muslim Law the father has been absolved of such an obligation. Under Section 125 of the Code of Criminal Procedure (Cr. P.C.) of 1973, remedy is available for children who are unable to claim maintenance under personal laws whereby the Section 125 provides a legal right of maintenance to wives and children.
The live-in relationships provide individual freedom, but laws are essential to cut back its disadvantages, because of the insecurities it carries. A live-in relationship, though maybe be recognized by the law still lacks the acceptance of the society and it continues to be a taboo.
Authored By: Adv. Anant Sharma & Anugraha Sundas