Live In Relationship
Live-in Relationships in India: Legal Perspective and Social Evolution
By: Vaishnavi Soni, Law Intern, Advovatespedia
Abstract
Live-in relationships, though increasingly prevalent in modern India, remain a subject of societal debate and legal scrutiny. This article delves into the legal framework governing live-in relationships in India, the challenges faced by couples in such arrangements, and the evolving judicial approach. It also highlights the social implications, significant judgments, and recommendations for balancing individual autonomy with societal norms.
Keywords: Live-in Relationships, Indian Law, Judicial Interpretation, Social Norms, Fundamental Rights
Introduction
The concept of live-in relationships, where two consenting adults cohabit without formal marriage, challenges India’s traditional familial norms. These relationships have gained recognition in urban areas, driven by changing lifestyles, greater acceptance of individual choices, and globalization.
However, live-in relationships face legal ambiguity in India due to their unconventional nature. The Indian legal system, largely based on societal customs, has been cautious in addressing this issue. While courts have provided some clarity, the absence of explicit legislation leaves room for varied interpretations.
This article explores the legal and social dimensions of live-in relationships, focusing on their implications for individual rights, societal perceptions, and legal frameworks.
Legal Framework Governing Live-In Relationships
1. Recognition under Indian Law
India does not have a specific law governing live-in relationships. However, courts have acknowledged such arrangements under the following frameworks:
• Fundamental Rights: Article 21 of the Constitution guarantees the right to life and personal liberty, which includes the right to choose a live-in relationship. In Lata Singh v. State of UP (2006), the Supreme Court recognized the right of consenting adults to cohabit without societal interference.
• Domestic Violence Act, 2005: Section 2(f) of this Act includes “relationships in the nature of marriage” under its ambit, providing protection to women in live-in relationships against abuse.
2. Criteria for Recognizing Live-In Relationships
In Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court outlined factors for determining whether a relationship qualifies as “in the nature of marriage,” such as:
• Duration of cohabitation
• Shared household responsibilities
• Public perception of the relationship
3. Property and Succession Rights
Live-in partners do not have automatic rights to property or inheritance unless explicitly provided for through agreements or wills. However, children born out of live-in relationships are considered legitimate and are entitled to inheritance rights, as affirmed in Tulsa v. Durghatiya (2008).
Judicial Approach to Live-In Relationships
The judiciary has played a pivotal role in shaping the discourse on live-in relationships:
• Right to Cohabitation: In Khushboo v. Kanniammal (2010), the Supreme Court ruled that living together is a matter of personal choice and does not constitute a crime.
• Legitimacy of Children: The Court, in Bharata Matha v. R. Vijaya Renganathan (2010), held that children born out of live-in relationships are legitimate and can inherit parental property.
• Protection for Women: The Indra Sarma case emphasized the need to protect women in such relationships from abandonment or exploitation under the Domestic Violence Act.
Challenges Faced by Live-In Couples
1. Social Stigma
Live-in relationships often face opposition from conservative sections of society, with couples subjected to moral policing, societal alienation, and familial disapproval.
2. Legal Ambiguity
The absence of a codified law leads to inconsistent interpretations, especially concerning property rights, maintenance, and custody of children.
3. Vulnerability of Women
Women in live-in relationships are more vulnerable to abandonment and financial insecurity, given the lack of formal legal safeguards akin to marriage.
4. Custody and Legitimacy of Children
Despite judicial pronouncements, children born out of live-in relationships may face societal discrimination and legal hurdles in inheritance matters.
Social Implications of Live-In Relationships
Live-in relationships reflect changing social dynamics, emphasizing individual freedom over traditional norms. They challenge patriarchal constructs of marriage, offering couples the flexibility to evaluate compatibility before formalizing their relationship.
However, the rise of such relationships also raises concerns about the weakening of familial bonds and the institution of marriage, often regarded as a cornerstone of Indian society.
Recommendations
To balance individual autonomy and societal values, the following steps are recommended:
1. Legislative Framework:
Enact specific legislation to address the rights and obligations of live-in partners, covering property, maintenance, and custody issues.
2. Public Awareness Campaigns:
Promote awareness about the legality of live-in relationships to reduce societal stigma and encourage acceptance.
3. Gender-Sensitive Policies:
Ensure financial and social security for women in live-in relationships through legal safeguards and welfare measures.
4. Child Welfare Provisions:
Strengthen laws ensuring the legitimacy, inheritance rights, and welfare of children born out of live-in relationships.
5. Judicial Sensitization:
Train judicial officers to handle cases involving live-in relationships with empathy and awareness of changing social norms.
Conclusion
Live-in relationships represent a progressive shift in India’s socio-legal landscape, challenging traditional notions of family and marriage. While courts have extended some recognition and protection, the absence of a codified framework creates ambiguity and inconsistency.
As Indian society continues to evolve, it is imperative to strike a balance between respecting individual autonomy and addressing societal concerns. Legislative reforms, coupled with judicial sensitization and public awareness, can pave the way for greater acceptance and legal clarity for live-in relationships, ensuring equality and justice for all.