Over recent times, societal values have changed a lot in India. Especially the younger population who are residing in urban and semi-urban regions, are moving towards live-in relationships instead of being married. In these kind of relationships, two individuals with their consent live together in a relationship resembling marriage without performing marriage ceremony.
While live-in relationships are more common in Western societies, but in India it has raised critical questions regarding legal recognition, moral legitimacy, and societal acceptance.
Understanding Live-in Relationships
Meaning of live-in relationship – It is a kind of domestic arrangement wherein a couple cohabits without being legally married. It does not require rituals, registration, or formal legal procedures as compared to marriage. It includes the consent of the partners.
In India, there is no codified statute that expressly defines or governs live-in relationships, the judiciary has played a crucial role in understanding their legal status and protecting the rights of individuals involved in such arrangements.
Judicial Recognition and Legal Status
Over time, the Indian courts have taken more progressive view on live-in relationships, particularly from the point of view of individual liberty under Article 21 of the Indian Constitution (Right to Life and Personal Liberty). In many landmark cases, the courts have upheld that two adults who have given their consent, have the right to live together without interference of society or their family.
Key Judicial Pronouncements:
- S. Khushboo v. Kanniammal (2010):
In this case, the Supreme Court held that live-in relationships are legal or moral per se and fall within the ambit of personal liberty under Article 21.
- Lata Singh v. State of U.P. (2006):
The Court observed that a woman who is not minor is free to marry or live with anyone of her will, and interference by third person (including family) is unjustified.
- Indra Sarma v. V.K.V. Sarma (2013):
In this case, the Supreme Court laid down the guidelines to determine whether a live-in relationship qualifies for protection under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The court pointed out the need to distinguish between a casual relationship and one that resembles marriage in substance and stability.
- D. Velusamy v. D. Patchaiammal (2010):
The Court held that live-in relationships that are “in the nature of marriage” would entitle women to claim maintenance under the Domestic Violence Act.
Rights of Partners and Children Born Out of Live-in Relationships
Under certain conditions, a female partner in a live-in relationship may be entitled to:
- Maintenance under the Domestic Violence Act
- Protection from abuse
- Right to residence in the shared household
Also, the Supreme Court has recognized that children born out of such relationships are considered legitimate for certain legal purposes. In case of Tulsa v. Durghatiya (2008), it was held by the court that children born to couples living together for a long time would not be considered illegitimate.
Although, inheritance rights under Hindu Succession Law are still open to interpretation and largely depend on whether the relationship satisfies conditions similar to marriage.
Societal Acceptance: Between Tradition and Transition
Even though the judiciary support it, but still live-in relationships have not gained much social acceptance in India. Deep-rooted cultural rules and regulations, religious sentiments, and the sacredness associated with marriage have led people to think that live-in relationships are part of western culture.
In rural areas, such relationships are mostly not accepted by the people. Even in urban areas, couples living together without being married often face hardships in renting accommodation due to moral policing by landlords or neighbours.
Although, those persons who are educated and have broad minded, prioritize self-determination, compatibility, and freedom over traditional norms. For them, a live-in relationship is a way to explore long-term compatibility without the instant pressures of legal commitment towards their partners.
Conclusion
Live-in relationships, though still a topic of debate in Indian society, are gaining judicial support and legality in law. However, only legal recognition is not sufficient. Until the society changes its mindset, people who live together without marriage, will have to face societal criticism and mental pressure.
In democratic countries like India, where constitution guarantees freedom and dignity of every citizen, it is important for society to move in line with the law and respect personal choices.
Author(s) Name: Tamanna (Chandigarh Group of Colleges, Jhanjeri, Mohali – Punjab)
