This article has been written by Ms. Leezer Kaur, a 3rd-year student at the Army Institute of Law, Mohali.

INTRODUCTION

‘Live-in relation’ refers to a relationship created between two unmarried persons, similar to that created by marriage. These are considered socially unacceptable in India but Article 21 of the Indian Constitution provides the right to life and personal liberty to the people. These are not illegal in India and are not considered an offense or crimes. The Supreme Court in the case of Indu Sarma v. V.K.V. Sharma observed that live-in relationships just like marriage cannot be considered a crime, though they are not socially acceptable in India. Any sexual relationship between two unmarried persons cannot be termed as a ‘Live-in relation’. The term is used when there is a long-term sexual relationship between two persons, who hold them as spouses in society and share a common household. These relations are preferred in society due to the easier termination of relation as compared to the termination of the marriage.

DEFINITION AND ESSENTIALS OF LIVE-IN RELATIONS

The term ‘Live-in relation’ is nowhere defined under any of the Indian legislation but the Supreme Court of India in the case of D. Veluswamy v. D. Patchaimal observed that under Section 2(f) of the Protection of Women from Domestic Violence act, 2005 deals with ‘relationships similar to marriage’ which includes live-in relationships.

In the case of S. Khushboo v. Kanniammal and Ors., the Supreme Court observed that to recognize if live-in relation was existing between two persons, the following essentials were supposed to be fulfilled:

1. Both persons must be of legal age to marry. 
2. Both must have been cohabiting voluntarily.
3. Society recognizes them as spouses.

In the case of Alok Kumar v. State, the court held that a live-in relationship is a walk-in and walk-out relationship. There is a legal bond between the parties. There is an implied contract between the parties which can be terminated by either of them at any time and there was no need for the consensus of the other party. 

LEGALITY OF LIVE-IN RELATIONS IN INDIA

Currently, there is no law or custom to determine the validity of live-in relationships in India but the Judiciary in its various judgments had highlighted the validity of live-in relations in India. The courts have also emphasized the rights of the parties in a live-in relation like the right to inheritance of property, right to maintenance, and protection against domestic violence. The courts have also held that children born out of live-in relations are legitimate in the eyes of law.

The Supreme Court in the cases of Lata Singh v. State of U.P. and Indu Sarma v. V.K.V. Sharma observed that even though live-in relationships are not socially acceptable in India and are considered immoral but they don’t constitute an offense under the Indian law.

In the case of Kamini Devi v. State of U.P., the court observed that protection to a couple in a live-in relationship must be provided if both the partners were of marriageable age and were living together voluntarily. The court also held that even the parents of the partners were not having any authority to interfere in their lives.

In the case of Badri Prasad v. Deputy Director of Consolidation and Ors., the Supreme court of India observed that if a couple was living together for more than fifty years then that live-in relationship would be considered as marriage and the couple would be considered as spouses.

In Priyapreet Kaur v. State of Punjab’s case, Punjab and Haryana High Court observed that if a boy and a girl of marriageable age were in a live-in relationship then even the parents of the children could not force them to live their lives on their terms. The court also held that these relations cannot constitute an offense and held its validity under Article 21 of the Constitution of India. 

In the case of Gurwinder Singh v. State of Punjab, the court protected a live-in couple and directed the police authorities to act and investigate the death threats received by the couple from their relatives.

RIGHTS UNDER LIVE-IN RELATIONS

The courts have laid down the following rights of the parties in a live-in relationship:

1. LEGITIMACY OF CHILDREN

The children born out of such relations are considered to be legitimate under Section 16 of the Hindu Marriage ACT, 1955. In the case of D. Patchaiammal v. D. Velusamy, the Supreme Court of India held that if a man and a woman were living together as a married couple then the children born out of such relationship would be legitimate. The legality of children born out of live-in relations was also upheld in the case of Bharata Matha and Ors. v. Vijaya Renganathan and Ors. In the case of Tulsa v. Durghatiya, the court held that children born out of such relations are legitimate and also held that such children could inherit their parents’ property.

2. RIGHT TO MAINTENANCE

The definition of the term ‘wife’ under the Section 125 of the Criminal Procedure Code was amended based on the recommendations of the Malimath Committee on Reforms of the Criminal Justice System. The new definition provided that a lady partner in case of a live-in relationship can also enjoy the status of a legal wife and was eligible to claim maintenance from her husband.

3. PROTECTION AGAINST DOMESTIC VIOLENCE

Women in a live-in relationship are also entitled to all rights under the Protection of Women from Domestic Violence act, 2005 if the essentials of a ‘domestic relationship’ are fulfilled which includes shared household under Section 2(f) of the act are fulfilled.

4. INHERITANCE OF PROPERTY

The persons in a live-in relationship stay together and support each other for their financial needs just like in the case of marriage. The Supreme Court of India in various cases has held that when a couple stays together and cohabits for a long period then the court may presume them to be husband and wife, which entitles them to inherit each others’ property. In the case of Dhanulal v. Ganeshram, the court held that even though the woman was not married to the person whose inheritance of property was in question but as she cohabited with him for 20 years so she was entitled to inherit his property as if they were husband and wife.

CONCLUSION

The term ‘Live-in relation’ refers to a relationship between two unmarried persons where they indulge in a long-term sexual relationship and even share a common household. There is no law or custom dealing with such relations but Indian Judiciary has time and again held that live-in relations do not constitute an offense or crime even though they are socially unacceptable in India. Under Article 21 of the Indian Constitution, we are provided the right to life and personal liberty, and live-in relations are considered valid under this provision. There is an implied contract between the parties. The parties can walk out of such relations whenever they want, without the consensus of the other party. The children born out of such relationships are considered legitimate. The courts also provide them with the right to inheritance of their parent’s property.

REFERENCES

1. Alok Kumar v. State, Crl.M.C.No. 299 of 2009.
2. Badri Prasad v. Deputy Director of Consolidation and Ors., 1978 AIR 1557.
3. Bharata Matha and Ors. v. Vijaya Renganathan and Ors., AIR 1992 SC 756.
4. Dhanulal v. Ganeshram, (2015) 12 SCC 301.
5. Gurwinder Singh v. State of Punjab, Cr.W.P. no. 9821 of 2021.
6. Indu Sarma v. V.K.V. Sharma, (2013) 15 SCC 755.D. Veluswamy v. D. Patchaimal, (2010) 10 SCC 469.
7. Kamini Devi v. State of U.P., W.P. no. 11108 of 2020.
8. Lata Singh v. State of U.P., AIR. 2006 SC 2522.
9. Priyapreet Kaur v. State of Punjab, Cr.W.P. no. 10828 of 2020.
10. S. Khushboo v. Kanniammal and Ors., C.A. no. 913 of 2010.
11. Tulsa v. Durghatiya, AIR 2008 SC 1193.

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