The restrictive nature of legal provisions for live-in couples allows social conservatism to influence the Justice System.
Live In Relationship
- About: A live-in relationship is basically an arrangement made by two people in a romantic and sexual relationship where both partners tend to cohabit with each other just like they are married. This term is generally applied to those couples who are not married.
- Status in India: Live-in relationships are not explicitly recognized by Indian law, but they are also not illegal.
- Legal provisions supporting live-in relationships:
- Article 19: Grants the right to freedom of speech and expression, and the right to reside and settle in any part of India’s territory.
- Article 21: Protects the right to life and personal liberty.
- Recognition for the first time in court:
- The Protection of Women from Domestic Violence Act, 2005 (PWDVA) recognized live-in relationships for the first time.
- It provides rights and protection to women who are not legally married but live with a man in a relationship similar to marriage, giving them rights similar to, though not the same as, a wife.
- The law offers protection against domestic violence to women in such setups and property rights to children of such couples.
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Protection of Women from Domestic Violence Act, 2005
- According to sub-section (f) of section (2) of the PWDVA Act, a ‘domestic relationship’ is defined as a relationship between two people who live, or have lived together at any time, in a shared household. This includes relationships by blood, marriage, or those similar to marriage, adoption, or family members living together as a joint family.
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Implication of Live in Relationship on Marriage as an Institution
- Changing social norms: Live-in relationships reflect shifting attitudes towards traditional marriage, especially among younger generations.
- The acceptance of cohabitation may lead to people marrying later in life, if at all.
- Redefinition of Commitment: Live-in relationships challenge traditional notions of commitment by demonstrating that long-term relationships can exist without formal marriage.
- Influence on Marriage Rates: The rise of live-in relationships might contribute to a decline in marriage rates, as some individuals may prefer cohabitation over formal marriage. This shift could alter demographic patterns and societal expectations regarding marriage.
- Impact on Family Structures: Live-in relationships can lead to more diverse family structures and dynamics. This shift may influence how society defines family roles and parenting.
- Impact on divorce rates: Some argue that live-in relationships might reduce divorce rates by allowing couples to assess compatibility before marriage.
- Live-in relationships can serve as a “trial run” for couples before committing to marriage.
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Issues With respect to Live In Relationship Couples
- Legal Ambiguity in Live-in Relationships : While live-in relationships are not illegal, they lack the rights and social acceptance that come with marriage.
- Emotional, Physical and Psychological Risks: In Chawali v. State of U.P. (2015), the Allahabad High Court, cautioned about the emotional and psychological risks of live-in relationships.
- The court noted, “In some cases, live-in relationships may lead to negative outcomes, such as sexual exploitation, physical violence, emotional abuse or involvement in crimes.
- While not all live-in relationships have harmful consequences, courts lack a reliable way to assess the true intentions of individuals entering such relationships.”
- Privacy Concerns: Cases like the Shraddha Walker incident highlight how live-in relationships can sometimes lead to breaches of privacy and personal data, especially when they become the focus of media attention
- Lack of Social Acceptance : Live-in-relationship challenges traditional norms of family and marriages in India. Many consider them to be a “western concept”, leading to societal disapproval from families.
- Negotiating Law is a challenge for the Live In Couples: Courts interpretations often expose live-in couples to vulnerability as they uphold traditional practices during trials, leaving the live-in couples without full legal protection.
- Example: Madhya Pradesh High Court (2024): In 2024, the Madhya Pradesh High Court dismissed the plea of an interfaith couple seeking police protection and marriage registration, stating that their union (Muslim man and “fire-worshipper” woman) was not valid under Muslim law.
- The couple failed to prove financial dependency or long-term cohabitation, which were deemed essential to prove a relationship akin to marriage.
- Social Stigma: Live-in relationships are still viewed with suspicion or disapproval. This can lead to social isolation and a lack of support from family and friends.
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Need to Rethink Laws and Social Practices in India
- Utilise Law as a Corrective Tool: It is important to debate and refine the role of law as a means to address and correct prevalent discrimination, ensuring legal frameworks better support and protect all individuals.
- Leverage Pluralism: India’s religious and legal pluralism offers a crucial opportunity to rethink and realign the connections between law and social practices.
- Empower Non-State Actors: Support for non-state actors who help individuals express their autonomy is essential. This can lead to shifts in societal attitudes and encourage positive change.
- Transform Socialization and Community Networks: Initiatives should aim to transform attitudes towards socialisation and create supportive community networks that embrace diversity and inclusivity.
Conclusion
Live-in relationships in India are increasingly recognized, reflecting shifts in societal attitudes and legal frameworks. While legal protections exist, social stigma still persists. There is a need for continued reforms and awareness efforts to ensure equal rights and respect for the Live in couples in the society.
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Key Judgements on Live-in Relationships in India
- Badri Prasad v. Director of Consolidation (1978): The Supreme Court upheld the legality of a 50-year live-in relationship, recognizing its validity under the law.
- The Court held that live-in relationships in India are legal but subject to caveats like age of marriage, consent and soundness of mind.
- Payal Sharma v. Nari Niketan (2001):
- The Allahabad High Court ruled that a man and woman can live together without marriage, if they choose to.
- The court noted that although this may be seen as unethical by society, it is not prohibited by law.
- The ruling emphasised the distinction between law and morality.
- Lata Singh v. State of UP (2006): The Supreme Court ruled that Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country”.
- D.Velusamy vs D.Patchaiammal (2010): The Supreme Court laid down criteria for live-in relationships to be legal.
- The couple must hold themselves out to society as being akin to spouses.
- They must be of legal age to marry.
- They must be otherwise qualified to enter into a legal marriage, including being unmarried.
- They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
- Kattukandi Edathil Krishnan & Another v. Kattukandi Edathil Valsan & Others (2022): The Supreme Court ruled that children born to partners in live-in relationships can be considered legitimate.
- Such children are eligible to be part of family succession.
- Supreme Court’s Observation on Live-in Relationships:
- A special three-judge bench, including Chief Justice K.G. Balakrishnan, Justices Deepak Verma, and B.S. Chauhan stated that live-in relationships are not inherently invalid.
- The bench asserted that living together is a right to live under Article 21 of the Constitution, questioning whether such arrangements constitute any legal offence.
- The Supreme Court back in 2009 observed that it is not necessary for a woman to strictly establish the marriage to claim maintenance under Section 125 of the Cr.P.C.
- A woman in a live-in relationship may also claim maintenance under Section 125 of the Cr.P.C.
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September 9, 2024
