Live In Relationships In India:-Legal Status

In India, live-in relationships are not illegal, however they cannot be recognised as equivalent to marriage in legal terms. Indian Courts, though have recognised certain rights for couples in a live-in relationship, specifically to ensure the rights of women and children. Discussed below in details are the legalities related to live-in relationships in India, including the rights of the parties involved, legal cases, etc. 

For further information on the subject or for any other legal issue related to civil or criminal or family law, you may contact us at Sharks of Law. 

Legal Provisions involved in a Live-in Relationship- 

• Constitutional Basis: 

1. Right to life and personal property provided under Article 21 of the Constitution, ensures legal recognition of a live-in relationship in India, as also affirmed by the Apex Court, extending the scope of Article 21, the individuals do have a right to live together with a partner of their choice, irrespective of marital status.  

• Protection of Women from Domestic Violence Act, 2005:

1. As has been defined under Section 2(f) of the Act, “domestic relationships” include relationships “in the nature of marriage”, hence extending the statutory recognition to live-in relationships as well. 
2. As provided under the Act, women have a right to seek protection against any act of domestic violence, similar to a married woman. 

• Code of Criminal Procedure, 1973:

1. Under judicial interpretation, women in a live-n relationship will have a right to apply for maintenance under the Section 125 of the CrPC.Indian Evidence Act 1872. 
2. Under Section 114 of the Act, the Court may presume, as provided under certain facts, the existence of marriage in cases where the couple has cohabited for a long period of time, hence ensuring all related rights as provided in a marriage. 

Rights and Obligations in Live-in Relationships:-   

• Maintenance Rights 

1. As already mention above, leading to various judicial interpretations, women in a live-in relationship will be entitled to maintenance as provided under Section 125 of the CrPC. 
2. This right to maintenance shall be dependent upon various criterion as determined by the courts depending upon the facts. 

• Property Rights 

1. There is no right to inheritance for live-in partners per se, however the Supreme Court in the case of Velusamy v. D. Patchaiammal (2010), decided that live-in partner will have a right to such property acquired during the relationship, if proved the partner contributed towards such acquisition. 

• Rights of Children Born Out of Live-in Relationships

1. As decided by the Apex Court in the case of Tulsa v. Durghatiya (2008), children  shall not be deemed as illegitimate, if parents cohabited together for a considerable time. 

Uttarakhand Uniform Civil Code- Major Provisions Related to Live-in Relationships- 

1. Definition:- As per the Code, live-in relationship could be understood as cohabitation between a man and a woman in their share household sharing a relationship similar to marriage in nature, excepts such relationship is not prohibited. 
2. Registration:- As per the Code, the couples in a live-in relationship in Uttarakhand, will have to submit a 'statement of the live-in relationship' to the respective Registrar within period of 1 month.  
3. In case of non-compliance of registration, the couple shall be punished with imprisonment for 3 months and a fine of an amount of ₹10,000, or both. 
4. Legal Status and Rights of the parties:-

• Section 382:- the statement for registration would be record purposes only.
• Section 379:- child born out of such union shall be legitimate. 
• Section 388:- maintenance rights are provided to the woman deserted by the live-in partner. The petition for maintenance could be filed in the competent Court having jurisdiction where the couple last cohabited.  

Cases related to Live-in Relationship-

• Case: Aaftab Amin Poonawala v. State Govt of NCT of Delhi (Shraddha Walkar Case)

1. Shraddha Walkar was murdered by her live-in partner allegedly, highlighting the lack of legal security in a live-in relationship. 

• Case: Chawali v. State of U.P. (2015):-

1. The Allahabad High Court noticed that some live-in relationships may lead to situations involving criminal activities.
2. The Court highlighted the ambiguity related to the legal provisions involving live-in relationships in India, where they not provide similar rights and social acceptance as in a marriage.

• Lata Singh Case v. State of U.P (2006):

1. The couple’s inter-caste marriage was declared valid by the Supreme Court, where the husband was getting threats from the petitioner’s family. In the same case, the Apex Court extended the ruling for live-in relationships.
2. The Apex Court held that- women in a live-in relationship are entitled to protection against acts of domestic violence, the the also the children born out of a live-in relationship will have property rights. 

• Case of Chanmuniya v. Virendra Kumar Singh Kushwaha (2011)- 

1. Supreme Court of India decided in this case, that women in a live-in relationship shall be entitled to claim maintenance as provided under Section 125 of the Code of Criminal Procedure, 1973.

Conclusion  

A live-in relationship, where a couple would live together without getting married. The Indian culture has not been very accepting of live-in relationships, however, the changing times has brought changes in the society as well, with more and more couples opting to test the waters or altogether skipping the step of marriage. As a result, there are growing concerns about legal problems occurring within live-in relationships and absence of concrete laws about same.  

In India, the concept of live-in relationship is not recognized as legal union unlike some other some other countries. The Supreme Court of India however, has observed that the  live-in relationships are not illegal or a criminal offence, also ensuring some legal protection to the parties. 

To understand the legalities related to live-in relationships or in case you are facing any kind of issues with family law such as child custody, maintenance, domestic violence, etc., you may seek free legal advice or online counsel from experienced lawyers at Sharks of Law.  

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-8877001993