This article has been written by Ms, Neha Singh, a Third-year student of Lloyd Law College, Greater Noida.

Abstract:

The two sides of the same coin are law and society. Since society is constantly changing, laws cannot afford to stay the same. One depends on the other. Since the beginning of time, the law has had a tremendous impact on society through its rules and regulations. The evolution of Hindu law’s history makes it abundantly evident that the law has always been dynamic and has occasionally altered to reflect shifting societal norms.

Introduction:

There are many different traditions and customs practiced in India, and the people there are fiercely protective of their customs and traditions. Indians are essentially resistant to changing their ways of life, however there have been significant shifts in customs and traditions coupled with an acceptance of modernity, such as widow remarriage and intercaste marriage. Additionally, over time, several customs-based practices have been abolished, such as the sati system and child marriage. Recent developments in Indian society include the decriminalization of adultery by Section 377 of the Indian Penal Code, 1860, and the removal of adultery as a basis for divorce. In addition to these profound shifts in our society, the live-in relationship is another idea that has developed in the modern era.

What is a live-in relationship:

It is a relationship in which the individuals live together as a pair in the same home or continuously cohabitate under one roof without getting married. In 1978, this idea was presented to the court for the first time.  In Badri Prasad v. Dy. Director of Consolidation, the Apex Court granted validity to a live-in couple who had cohabitated for 50 years; the court interpreted this as a valid marriage and thus, recognition of a live-in relationship. This case established the concept of a live-in relationship for the first time.

Although there are certain distinctions between the two ideas, this connection and the institution of marriage are similar in certain ways. There are laws that define marriage, such as the Hindu Marriage Act of 1955 and the personal laws of Muslims, but there are no laws that specifically address cohabitation.

Constitution of India:

Under Article 19, there are rights such as the freedom of speech and expression and the ability to live or relocate wherever in India. In addition, a person has the right to life and personal dignity, which includes the freedom to live with the partner of their choice. The Apex court noted that live-in partnerships fall under the purview of Article 21 of the Indian Constitution in the Khushboo v. Kanniammal case. It was also mentioned that although living together may not be legal, it is acceptable for two significant individuals to do so in terms of society.

Legal Measures to Protect Women in Live-In Relationships:

These days, couples were interested in trying out other lifestyles. Living together has become more prevalent as a result of their awareness that understanding may not always be shared. The patriarchal worldview has not entirely disappeared from Indian society, despite the fact that Indian couples often embrace the idea. The male spouse abused and took advantage of women on several instances. however, they lost any possibility of obtaining legal recourse under Indian live-in relationship regulations. But when the number of harassment and violence cases rose, the Supreme Court gave the victims the protection that the Domestic Violence Act had granted. This act refers to a “relationship in the nature of marriage” rather than marriage specifically.

Another special component of the current personal laws for married women is the right to maintenance. However, because these laws apply to married couples only, women in cohabitation cannot ever request maintenance from their male companion. Later, the courts expanded the scope of support under section 125 to provide a remedy for this. It seems dubious to criminalize a male for failing to give a woman the necessary upkeep, according to the Code of Criminal Procedure.

The Legal Framework for the Protection of Children Born in Live-In Relationships:

Children of such a connection are at risk for mental stress. As the child becomes older, there may be custody or maintenance issues. These children have been deemed legitimate by the courts. They also have the right to property, both self-bought as well as inherited property. The law chooses to safeguard children because there is no specific live-in relationship law that addresses the maintenance of children born out of such relationships. Thus, the CrPC’s Section 125 emerged. Provisions for all minors who are unable to pursue legal remedies are included in this section. In accordance with CARA’s guidelines, couples who live together are thus prohibited from adopting a child by Indian law.

Conclusion: 

While living together may be unacceptable in the eyes of society but not in the eyes of the law, it is neither a crime nor a sin. Although live-in relationships are rarely accepted in Indian society due to a lack of commitment, the judiciary has granted them legal standing by interpreting existing laws; no laws specifically designed for live-in couples have been created, unlike marriage laws. The Supreme Court has attempted to protect women and children born out of cohabiting relationships.

Reference:

• Badri Prasad v. Dy. Director of Consolidation AIR 1978 SC1557
• Khushboo v. Kanniammal (2010) 5SCC 600
• https://lawcorner.in/live-in-relationship-in-india
• Are live-in relationships legal in India – iPleaders