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It is pertinent to understand that something that is morally or socially wrong does not necessarily amount to a legal wrong.
What does a live-in relationship mean?
When two individuals (adults) decide to live together as a couple for a long term or permanently it is called a live-in relationship. These couples are mostly not married to each other but are attached emotionally and physically. A live-in relationship is also commonly termed cohabitation.
The concept of a live-in relationship is a modern concept that has evolved in the 21st Century. It is a common choice of option due to several reasons like understanding the depth of relationship and compatibility with each other, considering and checking if either of partners is ready to take up responsibilities of marriage if the couple is not able to get married because of certain reasons like same-sex relationship, inter-religion relationship, among others.
A marriage is a legally recognized and binding union whereas, in a live-in relationship, the partners are not legally bound, and have the option to end things as and when necessary. The Indian Society has created a taboo in the name of a live-in relationship, and it is still a topic of debate whether it is respectable, moral, or not.
Marriage vs. Live-in relationship
Marriage, in India, is often termed as socially and morally right, whereas a major section of our society still exists to think that live-in relationships do not conform to moral and social norms. However, as per the Indian Legal System, both marriage and a live-in relationship stand on legal grounds.
Another important difference is that a live-in relationship can be ended without any legal procedure of divorce or judicial separation, unlike a marriage. Dissolving things in the latter is complex and required compliance with legal procedures.
Problems faced by couples who are in a live-in relationship:
Some common legal and non-legal problems face by couples who are in a live-in relationship, are:
Adoption of a Child: Couples within a live-in are not allowed to adopt a child as per the guidelines of the Adoption of Children, 2011[i]. The guidelines are in place to ensure and avoid circumstances where the well-being of the child may be affected due to the partners splitting up. The issue about custodial rights of the child is also of equal importance, which becomes a valid reason the Adoption guidelines are in place.
Inheritance of Property: In case, one partner in a live-in relationship dies, the other partner is legally not entitled to inherit the property of the partner who died. Such inheritance of property is possible only if there existed some legal contract or a will or testament between the couple.
Social Acceptance: The concept of a live-in relationship is not new and till today people find it hard to accept a couple cohabiting together without marriage. This dearth of social acceptance is prevalent, especially in Indian Society. The couples find it hard to cope-up with the societal pressure and the constant harassment that comes with it.
India is one of the most ethnically and religiously diverse countries, where marriage is believed to be a sacred union between two people. The concept of marriage is age-old and is believed to be the only way where a couple, a husband and wife per se, were allowed to live together. The adaption and evolution have been hard to accept by the Indian Society. This thus is indicative of the current scenario of live-in relationships in India.
The legality of live-in relationships:
The Allahabad High Court in Payal Sharma v. Nari Niketan [ii]held that two people living together without marriage might be morally wrong but legally it is not. It further stated that there exists a difference between morality and legality. Therefore, a person being morally wrong cannot be punished by the law and two people living together without marriage cannot be termed as criminal offenders.
Legal Provisions applicable to live-in relationships:
The Domestic Violence Act,2005 was passed to safeguard a woman and her rights from an abusive partner, need not be her husband and from her partner’s abusive family. A woman can claim for her maintenance under section 2 (f) of the Act. This is not only applicable to married couples but applies to couples who are in a live-in relationship as well. A wife/live-in partner can sue her husband/live-in partner under the purview of the Act in case of violence- physical/verbal, mental abuse, harassment, etc.
1. Code of Criminal Procedure, 1973 (Cr.PC)
A woman can claim maintenance from her husband/partner if he does not maintain her. Section 125 of Cr.PC states, that; a woman is entitled to claim for maintenance from her partner if she is unable to maintain herself or her children (legitimate or illegitimate). In Chanmuniya v. Virendra Kumar Singh Kushwaha[iii], the Supreme Court held that a man is entitled to pay his partner for her maintenance (even if they are not married) but was living together for a long time and later if the man deserts the woman, he cannot take advantage of the legal loopholes and is bound to pay maintenance to his partner.
2. The Indian Evidence Act,1872
According to Section 114 of the Evidence Act, if two people are living together for a long time then their relationship will be considered as a marriage. And if they have kids, they will not be considered illegitimate.
Judicial Pronouncements
1. Madan Mohan Singh v. Rajni Kant[iv]: The Court held that if a couple is living together in a live-in relation for a long time, it will be considered as marriage and any one of the partners cannot simply walk off and the procedure of ending things will be similar to that of the marriage.
2. S. Khushboo v. Kanniammal [v]: This was a landmark judgment for a live-in relationship, wherein the court held that a live-in relationship falls within the ambit of Article 21 of the Indian Constitution i.e., Right to Life. It was further held that live-in relationships are neither unlawful nor illegal.
3. SPS Bala Subramanyam v. Sruttayan[vi]: This was a landmark judgment wherein the court held that a child born to a couple who are in a live-in relationship for a long time will not be considered as an illegitimate child. He/she will enjoy all the rights which are of a legitimate child, who is born out of a legal marriage.
4. Alok Kumar v. State[vii]: In this case, the respondent and the defendant were in a live-in relationship. The respondent had not given divorce to his wife and had a child while the defendant also had a child from her previous marriage. In this case, the Delhi High Court stated that these kinds of relationships do not have any legal strings attached to them and any one of the partners can walk in or walk out of the relationship as and when they want to, they are not bound by the law.
5. Tulsa & Anr. v. Durghatiya & Anr.[viii]: The Supreme Court held that if children are born out of a live-in relationship the relationship must be long-term in which the society considers them as husband and wife.
6. Gulza Kumari and Anr. v. State of Punjab and Anr.[ix]: In a recent judgment of May 2021, the Punjab and Haryana High Court had denied protection to a live-in couple (Gulza Kumari and Gurwinder Singh). The couple wanted a seal of approval on their live-in relationship. Justice HS Madan stated that live-in relationships are socially and morally not acceptable, therefore the seal of approval cannot be granted. He also stated that no protection can be granted in this case. The couple filed a case against the woman’s parents stating that they are against their relationship and are threatening them. They also mentioned that her family has a strong political connection, and they are afraid that they may do something wrong with them and in the worse case, honor killing. However, the case was moved to the Hon’ble Supreme Court, and Justice Navin Sinha and Ajay Rastogi granted the couple protection and held that such protection to the couple is a must as it is related to one’s life and liberty, which is every citizen’s constitutional right.
Conclusion
Live-in relationships help couples to understand each other check if they are compatible or not and if they are ready to take the “responsibility” of marriage or not. Whether a live-in relationship is good or bad, socially acceptable, or not, morally correct, or not there will always be a debate on this topic because everyone cannot be on the same page all at once and society is bound to form its own opinions. It is imperative to understand that, if a proposition is correct, lawful, and legal in the eyes of law then no one can be punished considered as a criminal offence for being in a live-in relationship. The norm is such that if two individuals are willing and considering to stay and cohabitate with each other, with or without marriage they should be allowed to. Even though there are numerous provisions of law and judicial pronouncements of various Courts in India, the legal position of couples in a live-in relationship is still ambiguous. There is a dire need for a specific statute or a codified Act for governing matters related to live-in relationships in India.
~Soumya Tripathi
Endnotes:
[i] Ministry of Women and Child Development vide Notification dated June 24, 2011.
[ii] Payal Sharma v. Nari Niketan [2001], Allahabad High Court, 16876 of 2001
[iii]Chanmuniya v. Virendra Kumar Singh Kushwaha [2011], S.C., 15071 of 2009
[iv] Madan Mohan Singh v. Rajni Kant, [2010], S.C., 6466 of 2004
[v] S. Khushboo v. Kanniammal & Anr. [2010], S.C., 913 of 2010
[vi] S.P.S Bala Subramanyam v. Suruttayan [1994], AIR 133, 1994 SCC (1) 460
[vii] Alok Kumar v. State [2010], Del. H.C, 299 of 2009
[viii] Tulsa & anr. v. Durghatiya & anr. [2008], S.C, 648 of 2002
[ix] Gulza Kumari and Anr. v. State of Punjab and Anr. [2021], P&H H.C., 4199 of 2021