LIVE-IN RELATIONSHIPS AND THE INDIAN JUDICIARY

Profile of the author: Tanishk Jandial is a 2nd year law student from Dogra Law College, University of Jammu

INTRODUCTION

The expression ‘live-in relationship’ in its common sense means two people living together without intending to establish any kind of permanent relationship between them. This kind of relationship has emerged primarily out of convenience. Partners in such kind of relationships initially lack the commitment to each other. The main element that works in such a relationship is generally ‘compatibility’ between such partners. Due to the gradual westernizing culture of our country, we are observing this kind of relationships in few parts of the country. Different kind of persons can live together in live-in relationship. Unmarried man and unmarried woman or unmarried and married woman or persons of same sex can live together.

The main issues that concern everyone who is interested in the progress of the society are namely:

The Hindu Dharma prefers ‘One man, one wife’ as the most sacred form of matrimony. But as society got influenced by western ideas, the successive generations are ready to accept a few refusing practices. The recent judgments, like the decriminalizing section 377 and 497 of the IPC, show how the Indian laws have also evolved along with the society. One needs to follow strict rules while in a live-in relationship. Dealing with family is one of the major hurdles that our Indian couples face. No wonder that most couples living in live-in relationships in India hide this fact from their family.

Live-in relationship and Law in India

There is no particular law governing live-in relationships in India. There is no enactment to lay down the rights and commitments for the parties in a live-in relationship, and for the status of children born to such couples. There is no legal definition of live-in relationship and in this way, the lawful status of such sort of connections is likewise unverified. The Indian law does not give any rights or obligations to the parties of live-in relationships through various judgments. Though the law is still unclear about the status of such relationship yet few rights have been granted by interpreting and amending the existing legislation so that misuse of such relationships can be prevented by the partners.

Various laws have been discussed below:

Domestic Violence Act, 2005

The legislature has acknowledged live-in relationships by giving rights and protection to those females who are not legally married, but rather are living with a male individual in a relationship, which is in the idea of marriage, additionally akin to wife, however not equivalent to wife.

Section 2(f) of the Domestic Violence Act, 2005 defines:

Domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Criminal Procedure Code, 1973

In November 2000, the Malimath Committee i.e. the Committee on Reforms of the Criminal Justice System, was set up. In 2003 when the Malimath committee submitted its report, it made several recommendations under the head “offences against women”. One of its recommendations was to amend Section 125 CrPC so as to alter the meaning of wife. Owing to this alteration, a revision was made and now the expression wife incorporates the ladies who were previously in live-in relationships and now her accomplice has abandoned her at his will so a lady in a live-in relationship can now get the status of wife.

Evidence Act, 1872

The court may presume the existence of any fact which it thinks likely to have happened, regard being given to the common course of natural events, human conduct and public and private business, in relation as to the facts of the particular case. Therefore, where a man and a lady live respectively for a long spell of time as a couple then there would be an assumption of marriage.

Some of the judgments related to the concept of the live-in relationship which helps us in better understanding are as follows:

In Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others, the High Court of Allahabad ruled out that a lady of about 21 years of age being a major, has right to go anywhere and that anyone, man and woman even without getting married can live together if they wish.

In Lata Singh v. State of U.P. & Anr, the apex court held that live-in relationship is permissible only in unmarried major persons of heterogonous sex.

In Radhika v. State of M.P., the apex court observed that a man and woman are involved in live-in relationship for a long period, they will be treated as a married couple and their child would be called legitimate.

In Abhijit Bhikaseth Auti v. State of Maharashtra and Others, on 16.09.2009, the apex court also observed that it is not necessary for woman to strictly establish the marriage to claim maintenance under Sec. 125 of CrPC. A woman living in live-in relationship may also claim maintenance under Sec.125 CrPC.

In the landmark case of S. Khusboo v. Kanniammal, the Supreme Court held that a living relationship comes within the ambit of right to life under Article 21 of the Constitution of India. The court further held that live-in relationships are permissible and the act of two major living together cannot be considered illegal or unlawful.

CONCLUSION

Live-in relationships have always been the focus of debate as it possesses threats to our basic societal framework. It is not considered as an offense as there is no law until the date that prohibits this kind of relationship. In order to bring justice to those female who are the victims of live-in relationships Indian Judiciary took a step, brought interpretations and made such arrangements valid. There must be a separate statute dealing with this current issue so that rights of living partners, children born out of such relationships and all those people who are likely to get affected by such relationship should be protected. Not all live-in relationships should be given legitimate status, but only those which satisfy certain basic requirements. At the same time, there should also be awareness among live-in partners regarding the legal consequences arising out of such living arrangement.

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FAQ:

Q.1. What is the legal age for the person to be in live- in relationships?

Ans. According to the law, if you are an adult you can live in with another adult. In India a person becomes adult when he/she attains the age of 18 years.

REFERENCES

1. ‘Imagesources’https://www.thebetterindia.com/132607/want-to-get-into-a-live-in-relationship-here-are-the-rights-you-need-to-know/ accessed on 7 July,2020
2. www.scconline.com/blog/post/2019/01/23/live-in-relationship-and-indian-judiciary/amp
3. http://www.legalservicesindia.com/article/1408/Live-in--Relationship-and-Indian-Judiciary.html accessed on 7 July, 2020
4. Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others, AIR, 2001 Allahabad.
5. Lata Singh v. State of U.P. & Anr,,2006
6. Radhika v. State of M.P.,1972
7. Abhijit Bhikaseth Auti v. State of Maharashtra and Others ,2008
8. S. Khusboo v. Kanniammal, 2010