ABOUT THE AUTHOR
Shreshta is a 2nd year student at TNNLU, Trichy. Is a passionate writer, have published 3 articles and 1 research paper. She has also secured runners up the National Moot Court Competition, Maharshi Dayanad University, Rohtak, 2024.
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INTRODUCTION:
Relationships are versatile, and there are several challenges associated with it as well. Nowadays, people face several problems in a marriage life, which makes them resort to live in relationships. Also, young people these days prefer to know about their partners well prior to committing to a long-term relationship. The old and traditional barriers including religious and customary practices are nowadays loosening and thus people prefer such kinds of relationship in order to be freed from the shackles of such controls. The reason of opposition of marriage on certain grounds also form the reason for people opting for live in relationships. In case of love marriages, it is generally opposed and not supported by families of each other since the opposite party belongs to a different caste or a religion or a race. This is also a primary reason people opt for live in relationship. This article will delve into the nuances of a live in relationship, how the concept evolved, how live in relationships works and how it is different from that of a legal marriage. Moreover, the article discusses the requirements of a valid live in relationships, i.e., it attempts to answer the question of ‘when can a couple be called living in a relationship?’ and also traces the legal framework of a live in relationship. The most common doubt which most young people have in the society, i.e., is live in relationship legally recognized in India? is addressed in this article. The reader could identify and understand the answer to this question from this article. Therefore, the prevailing legal framework and the legality or validity of live in relationships are attempted to be discussed in this article.
WHAT ARE LIVE IN RELATIONSHIPS?
Live in relationships are gaining prominence these days. The concept of marriage had always been the form of tradition for human relationship concerning procreation. However, in order to discard the complexities involved in process of marriage, and to incorporate certain freedom into their lives, people started living together under the same roof, and continuing a marriage – like relationship. The only difference is that the ceremonies required for a marriage and other ingredients for a valid marriage under personal laws are not fulfilled. A live in relationship is an arrangement where a couple live together, residing under the same roof, having consummated, resembling a marriage. It is de facto cohabitation, union or unmarried partnerships. Usually, modern day couple opt for live in relationships before committing to a long-term relationship, through understanding each other by sharing the same household. It is a way through which the partners assess each other’s’ compatibility by taking sufficient time. The concept of live in relationships stems from societal changes, where partners avoid committing to the traditional system of marriage. It is basically an unofficial marriage which is not sanctioned by the society.
HOW IS IT DIFFERENT FROM A MARRIAGE?
A live in relationship is not very much different from that of a marital setup, however, contain a few variations.
First of all, a live in relationship does not involve any kind of procedures or requirements, avoiding therefore the traditional nuances to be followed. Unlike marriage, a live in arrangement does not demand any sort of ceremonies or registration, rather only requires the couple to reside under the same roof having a marriage-like relationship.
Secondly, contrary to marriage, partners in a live in relationship are not bound by any legal obligations to be fulfilled. Legal obligations in a marriage which include registration during the time of marriage, and submission of documents and undergoing court procedures for a dissolution of marriage, need not be followed in this kind of relationship. Once the couple get dissatisfied with each other and do not feel like continuing the relationship, they are free to move, without requiring to abide by any regulation. Therefore, the concept of ‘divorce’ does not exist in a live in relationship.
The sharing of assets and liabilities in a live in relationship is not very much binding on the parties. For example, in a Hindu marriage, the property owned is shared among the partners and are also inherited upon the death of the property holder in the family dies, usually, when the husband dies, the wife would inherit a proportionate share in the asset. However, this is not the case in live in relationships. The property and the assets owned belongs only to the owner and is not legally shared among the partners even after one of their demises.
The duration of the relationship also matters significantly. A marriage can be proved in court once it follows all due procedures, regardless of how long the couple had been married. In cases of live in relationships, one has to prove that the couple had lived together under one roof for a considerable period of time. For example, a couple cannot claim that they stayed at the same residence for 1 week, and thus it is a live in relationship. It does not work like that. The duration has to be such a long time that the couple could consummate, share household chores and financial support, and have a stable life.
REQUIREMENTS OF A LIVE IN RELATIONSHIP
A live in relationship is, as aforementioned, very much similar to that of a marriage except for a few differences. A valid live in relationship requires a few things, which constitute such a live in relationship. A couple is said to live in a relationship if the following conditions are satisfied:
Two parties
A live in relationship has to consist of a minimum of two parties. More than two parties cohabiting together under the same roof cannot be said to have been in a live in relationship. Moreover, the two parties need not be heterosexual, in the changing contemporary society, homosexual couple living together fulfilling the aforementioned conditions are also termed as being in a ‘live in relationship’.
Both attained majority
It is pertinent to understand that the parties to the live in relationship are required to have attained the age of 18 years, i.e., the age of majority. Persons under the age of 18 cohabiting and having a marriage – like relationship cannot be termed to have been in a live in relationship. This stems from the basis that children living in a marital relationship is generally regarded invalid.
Sound mind and Mutual consent
Just like any other agreement, a live in relationship also mandates the parties to have a sound mind. It needs to be proven that the parties were sound enough to have consented to the relationship and had known what they had been going through, when there is a dispute in front of the Hon’ble courts.
Cohabitation
Both the parties in a live in relationship have to cohabit or live together under a single roof. There is no live in relationship if one party lives in a different region than that of the other. In common parlance, long distance relationships do not come under the purview of live in relationship.
Consummated relationship
It is important that the parties have a sexual relationship among each other, since a relationship without consummation does not amount to live in relationships. Mere cohabitation does not amount to such a relationship. Consummation is very significant for a live in relationship to persist, since it denotes a marriage – like relationship. Further, consummation amongst the parties also requires mutual consent by the parties. Otherwise, the relationship becomes arbitrary and thus questionable.
Shared responsibilities
Of course, partners in a live in relationship have to share their responsibilities, including personal and professional chores.
Considerable duration
A couple has to cohabit for a ‘considerable period of time’. Therefore, the duration of the relationship matters much. In the case of Indra Sarma v. VKV Sarma, the court considered the duration of the couple’s residence in determining the validity of their live in relationship.
Socialization:
It is also important that the couple under a live in relationship, has to socialize with everybody in a society. Socialization does not really mean being extroverted or over friendly, but it denotes that the couple has to be able to let know everybody of their relationship without hesitation. The relationship of the couple should not be secretive.
PREVAILING LEGAL FRAMEWORK
Live in relationship does not have an explicit legal framework in India. Such a relationship is not expressly sanctioned by any statute as such, as far as India is concerned. However, when legislations such as the Hindu Marriage Act, Protection of Women from Domestic Violence Act, Indian Evidence Act etc. are closely interpreted, one can come to a conclusion that live in relationships have been started to be accepted and acknowledged in India. Therefore, live in relationships are not illegal in India, and hence is not an offence. It is treated in almost all cases similar to a marriage. Several judicial precedents in the contemporary times have time and again emphasized the legal validity of live in relationships. This part of the article attempts to answer the query of what is the existing framework for such relationships. Currently, the legislations such as Protection of Women from Domestic Violence provides for protection of women from domestic violence even under live in relationships. The legislation treats women in live in relationship similar to women under a marital relationship. Similarly, the Indian Evidence Act guarantees maintenance rights to not only married women, but also women under live in relationships. The case of Chanmuniya v. Virendra Kushwaha explained the significance of equal maintenance rights to live in relationship couple as well, claiming that ‘there is a strong presumption of marriage’ in their relationship. Section 125 of the Criminal Procedural Code (correspondingly section 144 of Bhartiya Nyaya Suraksha Sanhita) grants maintenance rights to the women in a marital relationship, which includes women in Live in relationship. Moreover, the National Commission for Women upheld the notion that ‘women’ covered under the provision should mean the term ‘wife’, which includes women in a live in relationship. Furthermore, marital offences like bigamy and adultery are also applicable to couple in live in relationships.
LEGALITY OF LIVE IN RELATIONSHIPS EXPLAINED:
Given that live in relationships in India are legal, let us delve into the judicial pronouncements which made it valid, thereby ensuring unbiased protection and rights to couple under live in relationships.
In the popular case of Khushboo v. Kanniammal, the Supreme Court’s decision states that it is allowed for two consenting individuals of heterogenic sex to live together. Since the appellant’s statement only made reference to the increasing prevalence of premarital sex and called for its acceptance without describing sexual acts or saying anything that might arouse sexual desires in the minds of a reasonable and prudent reader, it was determined that it did not constitute obscenity in the context of a survey of people’s sexual behaviours and its subsequent publication. It is lawful to engage in consensual adult sexual activity outside of marriage, with the exception of adultery.
Similarly, in D Velusamy v. D Patchiammal, the Hon. Apex Court notes the absence of legislative recognition and regulation on the subject and recommends steps for codifying legislation pertaining to live-in relationships. The following standards were established by the court in order to recognize the valid requirements for live in relationship. For a considerable amount of time, the parties lived together voluntarily and presented themselves to the public as spouses. The Protection of Women from Domestic Violence Act of 2005’s Section 2(s) defines “shared household” as belonging to a family.
To be eligible for a legal marriage, both partners must be single or otherwise qualified.
Additionally, it was decided that the 2005 legislation broadens the scope by offering protection in live-in relationships as well (section 2f).
For the first time, the Allahabad High Court recognized the validity of live-in partnerships in 2001 when it decided that, despite social disapproval, it is legal for an unmarried man and a woman to live together. This was held in the case of Payal Sharma v. Superintendent, Nari Niketan Kalindri Vihar. The couple in Badri Prasad v. Dy. Director of Consolidation had been together for almost half a century. A petition asserted that there was no evidence to substantiate the priest’s ceremonial performance or any other witnesses’ statements. The Supreme Court of India has ruled that there is a significant presumption in favour of marriage if a couple has lived together for a reasonable period of time.
However, mere cohabitation not fulfilling other requirements aforementioned does not mean live in relationship. In Rashida Khatoon v. S.K. Islam, the Orissa High Court ruled that there was only an assurance to marry in the future and no acceptance of the offer to marry. As a result, the mere cohabitation with such an assurance does not amount to the factum of marriage and confer the status of a legally married woman.
Now, the subsequent question would be as to what would be the status of children born out of such relationships? In the case of Tulsa vs. Durghatiya, the Supreme Court decided that children born into cohabitation are not illegitimate and are entitled to inherit their parents’ assets. Furthermore, the Court stressed in Revanasiddappa vs. Mallikarjun that a kid born within a live-in relationship has the same rights as a child born into a married marriage.
CONCLUSION
To sum up, live-in partnerships in India occupy a complicated legal and social area that strikes a balance between traditional beliefs and changing society standards. Judicial interpretations have progressively recognized the rights and privileges of partners in such partnerships, comparing them in some ways to married couples, even if they are not expressly recognized by statute law. A progressive interpretation of current laws has expanded legal protections, especially for women and children, guaranteeing rights to inheritance and maintenance as well as protection against domestic abuse. Although there are still arguments and opposition, this growing acceptance highlights a dramatic change in public perceptions, showing a growing tolerance for nontraditional marital pairings.
BIBLIOGRAPHY:
https://articles.manupatra.com/article-details/India-v-USA-Legality-of-Live-in-Relationships
Rahman, Wazida. Live-In-Relationship and Personal Laws: A Contemporary Study. Vol. 3, NLS Journal of Regulatory Studies.
Jamwal, Manju. Live in Relationships in India, Legal Moves and Judicial Attitude: Some Observations, Vol.4, RGNUL Law Review.
