As of now, there is no clear status regarding live-in relationships in India; even in its recent rulings, the judiciary hasn't provided a clear directive on it. The Protection of Women from Domestic Violence Act, 2005 has broader provisions allowing for a plea under the law for women from live-in relationships in case of abuse. This more or less provides some sort of legal recognition for live-in relationships, though not as firmly recognized as marriages that are formally registered.
What is a Live-in Relationship?
A live-in relationship refers to an arrangement where two consenting adults cohabit without getting married. Unlike traditional marriages, live-in relationships do not involve religious or legal ceremonies but rely solely on mutual consent.
Live-in Relationship: Legal or Illegal?
- There is relatively little legal clarity about live-in relationships in general, in India, no clear window for recognition of such relationships as forms of documenting a marriage. Though the Constitution bench of the Supreme Court has over time upheld the rights of individuals in live-in relationships through various provisions of the law.
- The Protection of Women from Domestic Violence Act, 2005 extends protection to women in such relationships if they face abuse. This indicates that live-in relationships are accepted to some extent, although they aren't formally registered like marriages.
Live-in Relationship Agreement Validity in India
A live-in relationship agreement is a document that both partners’ sign. This agreement contains their rights, obligations, and conditions of living together; it is therefore governed by the provisions of the Indian Contract Act 1872. This means that the agreement should be valid if:
- Both parties are of sound mind and are legally competent to enter into a contract;
- The agreement does not have any illegal acts or immoral considerations behind it;
- Such agreements would become significant especially in states like Uttarakhand, where recognition of live-in relationships is emerging.
First State Legalized Live-in Relationship
- In India, no state has legalized live-in relationships, but a fair few states, like Uttarakhand, have declared that such arrangements are legitimate through judicial rulings. Courts have acknowledged that consensual adults have the right to live together without marriage."
- On January 27, Uttarakhand became the first Indian state to enact the Uniform Civil Code (UCC), which governs cohabitation. The UCC requires live-in partners to sign with the registrar within whose jurisdiction they reside, regardless of whether they are residents of Uttarakhand.
- The Uttarakhand High Court has been significant in recognizing the rights of live-in partners. States within India have also been working towards setting in Motion the registration of live-in relationships in Uttarakhand, which adds to the clarity in such arrangements.
Why Live-in Relationship Agreement is Important?
A live-in relationship agreement is important because it defines the partner's rights and responsibilities. There may be disputes over finances, property, and responsibilities; issues that would become complex in legal terms and without such agreements. This is why this document is essential.
Benefits of Live-in Relationship Agreement
Financial Obligations:
- The agreement can specify how much each partner will contribute toward living expenses.
- Rent, utility bills, and household expenses can all be mentioned thereby eliminating squabbles over them.
Property Rights:
- The agreement can specify how they will own property jointly-acquired if a couple has invested together.
- It can clarify terms on property distribution in case of separation and minimize property disputes.
Responsibilities Toward Children in Case of Separation:
- If children are involved, it can also spell out custody arrangements, child support obligations, and visitation rights.
- This kind of specification eases emotional trauma and assures the well-being of children amid separation.
Protection from False Accusations:
- Living together without being married carries a stigma in society and thus running the risk of being falsely accused of things like abuse.
- If there is an agreement, it can help clarify the terms of the live-in relationship and thus shield one from needless complications with the law.
Legal Aspects and Procedures
- Registration of Live-in Relationship: Except for a few states such as Uttarakhand, live-in relationships are not mandated to be registered according to the law. Registration of live-in relationships is done in some states like Uttarakhand also.
- Protection by the Domestic Violence Act: The Protection of Women from Domestic Violence Act, 2005 gives women in live-in relationships similar protection from abuse that a married woman would receive in cases of harassment or violence.
- Provision for Bail: Should there be false accusations, the couple's chances of getting bail or otherwise standing their ground in court may be improved using an official contract.
Consulting a Lawyer for Agreement Drafting
Therefore, it is advisable for lawyer consultation for preparing live-in relationship agreements, as these need to be very clear regarding the legal rights and duties, with the lawyer in question being requested to draft an agreement representing state-specific laws-in Uttarakhand formal registration of live-in relationships is encouraged.
Conclusion
Given the nature of a live-in relationship agreement and the importance of setting financial, emotional, and legal limits, there is surely a degree of protection that the partners may receive if it were to be drafted, hence it cannot go unnoticed. It is very important to set clear terms for this agreement, because the court may be able to decide about maintenance under domestic violence act even if partners decide on separation in the future. Some people might want to create one for the sake of stability or security or to be protected from future legal disputes.
Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law in the legal field by the best professionals in this area. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.
Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
