India has seen great progress in the sanctity of marriage. The duties and responsibilities of a husband and wife who are legally married are equally burdensome. Traditionally couples got married even without knowing each other and went through a phase of lack of communication and misunderstandings. Presently, the partners chose to get to know each other, communicate and take each other’s responsibilities before getting married. With moderness emerging in Indian society, the concept of live-in relationships has also crept in and has been a common phenomenon these days. Even though no statutory enactment mentions this controversial matter, the same has been accepted by the courts. live-in relationship are not illegal, crime or sin. The Indian Courts have given fair pronouncements upholding the right to liberty of individuals concerning the legality of such relationships.
Let us understand the legalities, rights, and obligations of live-in relationships in the light of certain judicial pronouncements by the Supreme Court in its favor.
Legal Status and Legality of Live-in Relationships
A live-in relationship has not been defined anywhere. It can be referred to as the cohabitation of the two individuals under one roof with consent. Marriage is not a necessary element in a live-in relationship. The couples get a better opportunity for understanding each other as well as making a well-informed decision for serious commitments such as marriage. You will gather fair knowledge concerning the legal status and legality of the live-in relationship through a couple of case laws mentioned below.
In Badri Prasad v Dy. Director of Consolidation 1978, the Supreme Court observed for the first time that live-in relationships are valid. It was held that a live-in relationship between the consenting adults of marriageable age and sound mind is legal under Indian law. The Supreme Court held that if a couple is living together for a long time then such a relationship will be presumed to be of a marriage. Thus, the 50-year long relationship of the live-in couple was legitimized by the Court.
You must be aware of the fundamental rights and freedom in the Indian Constitution. By making a deeper analysis of the rights and freedom it can be implied that roots of live-in relationships can legally be traced within Article 21 of the Indian Constitution. The right and freedom of choice to either marry or have a live-in relationship cannot be alienated from the fundamental right given under the Article of the Indian Constitution.
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The Supreme Court Payal Sharma v. Nari Niketan, 2001 upheld the decision by affirming that a man and woman have all the rights to stay together with each other’s consent and willingness without marrying each other. The Court, in this case, held that even if the live-in relationship is considered immoral by the society, it is not considered illegal or an offense under any law in India. Couples residing together in a live-in relationship are not criminal offenders.
One of the most important cases concerning live-in relationships is the case of Indra Sharma v. V.K. Sharma, 2013. The matter of live-in relationships has been extensively discussed in this case and serves as a basic framework for matters on live-in relationships. Section 2(f) of the Protection of Women from Domestic Violence Act 2005 was referred to by the Court while explaining the legal status of the live-in relationship, where ‘domestic relationship’ has been defined. Domestic relationship encompasses within it a relationship in the ‘nature of marriage’ which can be implied as live-in relationships.
Rights under Live-in Relationship
* Right to Maintenance under Section 125 of the Code of Criminal Procedure
As we know section 125 of the Code of Criminal Procedure,1973 deals with the right to maintenance, the same provisions now apply to the indigent party of the live-in relationship. A revision was made by an amendment in Section 125 to alter the meaning of ‘wife’. The amendment was based on the recommendations of the Malimath Committee on Reforms of the Criminal Justice System. An observance was made based on the recommendations of the Committee Report that women living in a live-in relationship or have been deserted by their partner, acquire and enjoy the status of a wife legally.
* Right of Inheritance of Property
The right to inherit property after the death of a woman’s live-in partner was upheld by the Court in Dhanulal v. Ganeshram, 2015. The contention put forward by the family member of the individual was that even though the women had been cohabiting with their grandfather for 20 years shall not be entitled to inherit property as she was not married to their grandfather. As it has been mentioned earlier that the Court shall presume a man and woman to be married if they have been cohabiting for a long period.
Conclusion:
There has been a constant effort by the Indian judiciary in protecting the rights of individuals, such as in case of infringement of the rights of an individual or curtailing the freedom whether to marry or not. A live-in relationship has been always frowned upon and stigmatized in society. But the judicial pronouncement in various instances has proved the legality of live-in relationships on several occasions by upholding the rights of the partners. The court has also given legal status to the rights of women in a live-in relationship wherein they are entitled to inherit property as well as maintenance from their partner.
If you need protection from any third party or society, as a couple living in a live-in relationship you can reach out to us on Lead India where we offer the services of the best lawyers. The lawyers will ensure your protection against any such harassment or ill-treatment and keep all your details private and confidential. Well-experienced lawyers will also help in legal issues such as maintenance, inheritance, etc. arising out of the live-in relationship. We also offer online legal advice where you can get an answer to your queries concerning any legal matter.
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