This article has been written by Mr. Vikash Kumar, a second year student of Lloyd law college, Gr. Noida

 

INTRODUCTION

Live-in relationships are a social Phenomena that has become increasingly common in India in recent times, indicating a departure from customary practices. These partnerships, in which single people decide to live together as though they are married, have given rise to a plethora of legal complications inside the Indian legal system. Even while these unions are becoming more and more common, their lack of clear legal recognition has put partners in them in a vulnerable legal position, leading to complex discussions and disputes. This study explores the complex legal environment that surrounds live-in partnerships in India by analysing the current legal framework, judicial interpretations, and historical foundations of these arrangements. Legislative gaps are considered while examining notable court decisions and the underlying societal beliefs that determine the status of these connections. Even though the courts have recognised some rights that are similar to those of married couples, there are still many unanswered questions. These include property rights, what constitutes a marriage’s duration, and the legal status of children born into these relationships. In order to highlight India’s distinctive position, this article also examines the socio-cultural processes and provides comparative views from international legal frameworks. In the end, the study recommends necessary legislative changes and increased public awareness in order to obtain legal recognition and safeguards for those living together under Indian law.

Historical Perspective

Indian civilization has always been firmly anchored in customary marital and family systems. For the most part, live-in relationships were frowned upon and prohibited. However, urbanisation, globalisation, and shifting social dynamics have all had an impact on the evolution of public attitudes in recent years. 

Contract in live in relationship 

When it comes to cohabitating couples, the concept of a contract takes on a unique and complex shape that combines verbal commitments, tacit understandings, and the possibility of legal consequences. These partnerships, which are founded on the free will and permission of cohabiting individuals, frequently represent an informal contractual arrangement, regardless of whether it is stated overtly through a signed document intended to establish legal validity or covertly through mutual understanding.

• Informal Contractual Nature: Live-in relationships encompass a variety of mutual understandings and expectations that are similar to contractual duties, even if they are not required by formal legal agreements. Couples participate in an unwritten agreement that covers a variety of topics, including sharing home duties, contributing money, providing emotional support, and working together to make decisions. The fundamental elements of the relationship’s dynamics and operational framework are these unspoken agreements.
• Cohabitation Contracts: A cohabitation agreement is a formalised contract that is sometimes chosen by partners in a live-in relationship. Whether it is written down clearly or not, this document strengthens the partnership’s legal position. It outlines the responsibilities and rights of the cohabiting parties, reflecting elements of a traditional marriage. Shared property, financial obligations, clauses pertaining to child and spousal support, and guidelines for divorce or dispute settlement are frequently included in these agreements.
• Legal Consequences and Difficulties: Although these contracts are meant to offer a level of emotional and financial stability similar to that of marriage, it is unclear if courts will uphold them. Courts are generally reluctant to enforce cohabitation arrangements. Even with the best of intentions, these agreements might not be enforceable because they are not supported by statutes, which could cause confusion and even arguments in court.
• Adaptability and Annulment: An annulment or dissolution of a cohabitation agreement often requires mutual permission between the contracting couples, unlike divorce proceedings which contain certain legal formalities. In contrast to the organised nature of divorce, the dissolution procedure is more flexible and provides a less complicated means of termination when compared to formal marriage separations.

A live-in relationship’s contract can take many different forms, from unspoken understandings between partners to clearly stated cohabitation agreements. Despite the fact that these agreements aim to replicate the privileges and responsibilities of marriage, their legal enforceability is frequently hampered by the absence of official recognition. The complexity and ambiguity surrounding the contractual nature of live-in relationships are highlighted by the courts’ discretion in recognising and enforcing these agreements, despite the attempt to define rights and duties through them.

 

Legal Status of Live-in Relationships

• Live-in relationships are acknowledged by judicial recognition precedents.

In certain situations, the Indian judiciary—especially the Supreme Court—has acknowledged live-in partnerships as legitimate arrangements that resemble marriage. Famous cases like “Indra Sarma v. V.K.V. Sarma” and “Lata Singh v. State of U.P.” recognised the legitimacy of cohabitation and granted rights comparable to those of married partners. These rights under the 2005 Protection of Women from Domestic Violence Act include inheritance, maintenance, and protection.

• Protections and Legal Rights: The court has acknowledged the rights of cohabiting partners to maintenance and protection against domestic abuse, among other legal protections. The aforementioned actions represent a transition towards the recognition and protection of the rights of individuals who cohabitate, guaranteeing them access to legal recourse comparable to that of married couples in the event of conflict or divorce.
• Framework Absence of Legislation:  Indian law does not have extensive regulations on live-in partnerships, unlike the laws of several Western countries like Canada or France. The rights and responsibilities of partners in live-in relationships are not explicitly defined or governed by law. The legal ambiguities and difficulties surrounding several facets of these partnerships are exacerbated by the lack of clarity in the legislation.
• Unanswered Problems and Issues: There are still a number of legal uncertainties that make it difficult to determine the legal standing and acceptance of cohabitation. Unresolved issues include the length of time needed to live together for a relationship to be considered live-in, property rights, the rights of partners after they separate, and the status of children born into these kinds of partnerships. Legal proceedings become complex due to differing interpretations resulting from the lack of established guidelines in certain areas.

 

Legal Framework and Statutory Provisions

• • The Hindu Marriage Act of 1955 allows women in live-in relationships to request maintenance if they can prove that their relationship is similar to a marriage, even though it does not officially recognise them.

• One important safeguard against violence against women in household settings, including cohabiting couples, is the household Violence Act of 2005. This law provides protections for those in live-in relationships and recognises them as equivalent to marriage.

• The 2006 Protection of Women from Domestic Violence Rules provide additional reinforcement. Under the auspices of the Domestic Violence Act, these regulations outline the process for requesting financial relief, residency orders, and protection orders specifically designed for women in cohabiting relationships.
• The Protection of Women from Domestic Violence Act underwent a significant revision in 2013 that included the recognition of a “relationship in the nature of marriage” as falling under the definition of a “domestic relationship.” Women in live-in relationships are further protected by this extension of legal status, which grants them legal protection.
• Though bigamy is illegal under sections 494 and 495 of the Indian Penal Code (IPC), live-in relationships are not specifically mentioned or covered by the law. There have been reports of moral policing, which has put live-in couples under pressure and created barriers.
• There are still issues even with the laws designed to protect those in cohabitation from abuse and violence. Those seeking legal support and remedy have challenges due to the implementation of these rights and the burden of demonstrating the existence and nature of such interactions.

 

Although live-in partnerships are not specifically covered by Indian law, people in such unions have been given some protection and recognition through a variety of legal initiatives and judicial rulings. However, the terrain is still difficult to enforce and substantiate in the legal sphere, which highlights the difficulties in protecting the rights of people in live-in relationships in the nation.

 

Landmark Judgement For Live-in Relationship

 

Badri Prasad vs Dy. Director Of Consolidation And … on 1 August, 1978

 

The key element in this situation is the legal status that long-term cohabitation in relationships akin to marriage receives. The court stressed that there is a strong presumption of marriage when a man and woman have cohabitated as husband and wife for a considerable amount of time. Although this presumption is rebuttable, the onus of proving the relationship’s legitimacy rests mostly with the party challenging it. The petitioner’s argument that the marriage was not supported by witnesses or ceremonial proof was rejected by the court, which tended to support the validity of such long-term marriages. The ruling made clear that it would be unfeasible to demand this kind of proof decades after the fact and placed a high standard on anyone attempting to challenge the legality of long-term partnerships. In the end, the court denied the special leave petitions, upholding the notion that the long-term cohabitation and social acceptance of the partnership make it comparable to marriage.

 

Socio-Cultural Dynamics 

In India, societal attitudes and cultural conventions still have an impact on whether cohabitation is accepted and acknowledged. Urban areas tend to be more accepting of these kinds of agreements, whereas traditional and rural populations tend to be sceptical and disapproving of them.

 

International Comparisons and Legislative Models 

 

United:

Legal Development: Significant legal developments have occurred in the United States, mostly as a result of judicial interventions such as Lawrence v. Texas. In addition to defending the right to privacy, this case overturned anti-cohabitation legislation and allowed people to freely choose their sexual orientation and engage in consensual behaviour. States, however, have different legal approaches to unmarried couples; some have eliminated criminal laws against cohabitation, while others have retained limitations.

 

Pallimony in Civil Cases: The legal process of “palimony” was developed to provide maintenance to people who cohabitated for long periods of time without getting married. These unions’ instability sometimes resulted in civil action, bringing to light the difficulties and complications unmarried couples have in the legal system.

 

United Kingdom: 

Changing Social Standards : Social attitudes about cohabitation have changed in the United Kingdom. Though historically frowned upon in the Victorian era because of strict moral codes, there has been a notable change in the way that unmarried couples are producing babies in the current era. Social security regulations recognise the evolving dynamics of families by treating cohabitation on par with marriage.

 

Legal Acknowledgment and Policy Discussions: The status of cohabiting couples has been addressed by changes in the UK legal system. Compared to England and Wales, Scotland enacted cohabitation rules more quickly, bestowing legal sanctity based on length of relationship, type of partnership, and financial arrangements. The argument centres on whether the government should promote marriage or put more of an emphasis on bolstering parents’ status rather than marriage.

 

India: 

Customs from Culture and the Legal Vacuum

Living together has been a long-standing custom in Indian culture, however sentiments in the community are still varied. While some metropolitan areas are accepting of live-in relationships, because of well ingrained cultural norms, rural and conservative communities frequently view them with suspicion and contempt.

 

Judicial Function and Legal Ambiguities

There isn’t any thorough regulation in India that addresses the subtleties of live-in relationships. Limited rights to support and protection are granted under provisions included in Section 125 of the Criminal Procedure Code and the Protection of Women from Domestic Violence Act, 2005. The lack of precise legislative guidance presents difficulties for the judiciary when handling related matters, resulting in a patchwork approach to defining and defending cohabiting partners’ rights.

 

The complex interplay between historical customs, changing societal views, legislative advancements, and continuing discussions regarding the acceptance and acknowledgement of various family structures in various geographical and cultural contexts is illustrated by the sociocultural dynamics surrounding live-in relationships.

 

CONCLUSION:

In conclusion, judicial interpretations, societal changes, and legislative gaps have produced the complicated legal landscape around live-in partnerships in India. Although courts have worked to identify and safeguard the rights of people in these kinds of partnerships, a thorough legal framework is urgently needed.

 

This essay emphasises how urgent it is to implement legal changes that reflect public opinion and take into account the changing nature of traditional marriage and the rise of cohabitation. While cohabitation does not aim to completely replace marriage, it is a feasible option with the current legal framework’s limited safeguards. 

 

To define roles and obligations and guarantee appropriate rights and liabilities, live-in relationships must be legally recognised. Global cohabitation rules need to be updated to reflect the needs of contemporary couples.

 

Legislative solutions that are flexible enough to address new issues like property rights, child custody, and legitimacy are necessary in light of the changing dynamics of families. Empirical research is essential for well-informed legal modifications and fixes.

 

The increasing acceptance of live-in relationships in society is a reflection of shifting demands and views. But questions remain, requiring a targeted conversation and a specific legislative framework that addresses socio-legal complexities, protects rights, and takes into account the complexities of modern cohabitational relationships.

 

 REFERENCES:

• https://www.scconline.com/blog/post/2021/12/30/live-in-relationships-social-myths-legal-realities-and-the-way-forward/ 
• https://lawcolloquy.com/journals/PriyaV1C2.pdf 
• https://www.legalserviceindia.com/legal/article-10718-live-in-relationship-laws-in-india.html#:~:text=Unlike%20in%20some%20other%20countries,illegal%20or%20a%20criminal%20offense. 
• https://indiankanoon.org/doc/1364215/ 
• https://indiankanoon.org/doc/215649/