This paper provides the study of the contemporary change in the dynamics of adult relationships. Live in relationship which is also referred as cohabitation of partners is a circumstance where unmarried couples having romantic or intimate relations cohabitate. With the modernisation of societies people have become receptive to this concept. Western countries were among the countries that first accepted this concept. Conservative countries such as India have evolved to recognise this kind of arrangement. But still there is a lot of stigmas attached to this and it is considered as taboo in Indian society. Within different legislations and different interpretations of statutes by courts and judges recognising the legitimacy of partners living without marriage shows that India as a democratic country recognises the freedom of individuals to choose for themselves.
This paper contains the historical development of the concept of live in relationship and the recognition by the legislature. It includes the various provisions under which the courts have held or interpreted the live in relationships as valid and not illegal.
Keywords – Live in relationships, marriage, consent, adults, compatibility, Article 21 of Indian Constitution, right to life and liberty, legal statutes, legal recognition, stigma, facilities, interest of adults.
Introduction
Globalisation has changed almost all kinds of dynamics of life including marriage and relationships, etc. Living together without the legally recognised marriage is very rare in Indian society. Although this arrangement is very well practised in western countries.
Marriage is considered as a sacred arrangement in Indian society. Relationships between opposite gender without the institution of marriage is still not accepted in the rural areas although in urban areas there is an acceptance of choices of adults. Live in relationships are considered as taboo in the conservative society. There is a resistance or fear among people that the change will make the society lose their traditions, culture, customs. It is considered to be against Indian values and expose itself to the scrutiny and questions of society.
There is no law in India solely based on the concept of live in relationship but courts have taken liberty in elaborating this concept and have also issued certain guidelines or conditions while dealing with such cases. It is well established that when a man and woman live together without marriage this cannot be said to be an offence if they are living together with their consent and if they fulfil the requirements of marriage.
It is mentioned in the Article 21 of the Indian Constitution that there is right to life and liberty which makes it clear that this right shall include the right to live together as well.
Live in relationships are the relationships in the nature of marriage. This is the continuous cohabitation of partners who are not legally married sharing a common household. There are certain factors that are necessary to establish the existence of such arrangement which were established by Supreme Court in the case of Indra Sarma v. VKV Sarma (2013)1 such as
- There must be a continuous cohabitation. The habitation must be as they are a lawfully wedded couple.
- They must share a common household. They must live together for a significant period of time.
- They must be financially supporting each other. As in the case of legal marriages the husband and wife support each other financially, the couple in cohabitation shall also support each other.
- There is an intention of partners to perform their obligations to each other in the nature of marriage. The partners must comprehend the situation and with clear intention of forming such arrangement and continuing with it shall come together to live.
- Society should deem them as if they are a married couple. The relationship must not be confined to four walls but should be evidently depicting them as if they are married.
The youth usually resort to this arrangement to test their compatibility with each other and to understand the individual before getting legally married. Also, it is easier for partners to separate without the intervention of courts. It also gives liberty to partners to live on their own conditions rather than living with the norms attached to marriage. Youngsters have also lost their beliefs in the institution of marriage.
With sociological developments there is a significant acceptance in people to this modernised concept especially in urban areas where individuals are resorting to this relationship rather than getting married.
Research Methodology
The methodology includes getting to know the views of various judges through the statements given by them while discussing this concept and the views of scholars. It also includes reports and books based on the relationships among youths. The concept is also critically examined on the basis of Indian societal values. The concept of modernisation, with keeping a grip on traditions and customs as well as maintaining the balance between giving liberty and freedom to individuals and the culture is thoroughly studied.
Various rights protecting the interest of people provided by legislature and its interpretation by judiciary is also thoroughly discussed.
Review of Literature
Book named Live in Relationship & Hindu marriage2 written by Jayanti Ghosh talks about the contrast and similarities between the cohabitation without marriage and legal marriage. Another book named Live-in-Relationship3 written by Sanjay Gaur throws light on this arrangement. He discussed how this arrangement is in its nascent stage in India and how the new generation is aping western lifestyle and adopting western ideologies. Bollywood movies such as Luka Chupi4 talked about this new arrangement and how it is difficult for the Indian society to grasp this contemporary institution. To marry or to live together without marriage is totally a matter of choice.
Methods
The books gave a detailed overview on the subject of live in relationships. The case laws were studied in order to recognise the opinions of the courts on the said arrangement. Various websites were studied giving the current status of live-in relationship in India.
Legal recognition of live in relationship
Though there is no statute related to live in relationship, the courts have recognised this arrangement as legally valid and have discussed the below mentioned points:
- Right to life and liberty
It is one of the fundamental rights provided under Ar. 21 of Indian Constitution. The right to life and liberty includes the freedom to choose to cohabit without marriage or without any interruption whatsoever as discussed in the case of S. Khusboo v. Kanniammal and Anr. (2010)5.
- Section 125 of The Code of Criminal Procedure, 1973
This section provides for the maintenance of women by her spouse where the woman is not able to maintain herself. The Malimath Committee6 which was formed in the year 2000, submitted its recommendation in 2003 stated that evidence of a man and woman living together for a reasonable amount of time should be recognised as marriage and recommended the inclusion of women who are in relationship in the nature of marriage to seek maintenance from their partner. The Supreme Court in the case of Abhijit Bhikaseth Auti v. State of Maharashtra and Anr. (2009), that a proof of marriage is not required in order for a woman to seek maintenance under sec 125 of CrPC. This makes it clear that women in live in relationships in the nature of marriage are entitled for maintenance under this section. It was also recommended by the National Commission of Women that the term ‘wife’ mentioned in the section 125 of CrPC shall include the woman in live-in relationships.
- Case Laws
- The supreme court laid down certain conditions in the case of D Velusamy and D Patchaimal7 to recognise the live in relationship in the nature of marriage:
- The partners must be of legal age of marriage.
- They must be otherwise qualified to enter into a legal marriage.
- Society must deem them as married couples.
- There must be a voluntary cohabitation and must hold themselves as spouses for a period of time.
- The landmark case of Indra Sarma v. VKV Sarma upheld the conditions to recognise the relationship in the nature of marriage laid down in case of D Velusamy and D Patchaimal.
- In the case of Badri Prasad v. Dy. Director of Consolidation (1978)8 the Supreme court for the first time observed that live in relationship between adults who are living together with their consent is legal if they fulfil the requirements of valid marriage i.e. legal age of marriage, free consent, soundness of mind etc. A strong presumption arises in favour of wed-lock where partners have lived together for a long spell as husband and wife.
- In Lata Singh v. State of U.P. (2006)9, the judgment upheld personal liberty and the act of two majors living together cannot be considered illegal though they may be perceived as immoral.
- In the case of Pushpa Devi v. State of Punjab (2021), it was held that the individuals who have reached the majority age have the right or freedom to choose for themselves.
- In Rohit Kumar v. State of U.T. of Chandigarh (2022) the lower courts requested the higher court to properly describe its plan while dealing with the cases related to live in relationships as the criteria of age of majority for entering the live in relationship can lead to exploitation of the vulnerable.
- The High court of Madhya Pradesh in the case of Abhishek Chouhan v. State of Madhya Pradesh (2022) observed that these kinds of relationships may lead to giving rise to sexual crimes as these relationships may solely be based to cater the sexual desires of adults.
- Prevention of Domestic Violence Act, 2005
Section 2(f) of this act defines domestic relation as “Relationship between two persons who live or have lived together, at any point of time, in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.”10
The live-in relationship which is in the nature of marriage also comes within the ambit of this definition. Therefore, the women in live-in relationships can take protection under this act and can claim for maintenance as well. In the case of Lalita Toppo v. State of Jharkhand, it was held that the live-in partner (only women) would be entitled to relief under the act in a shared household.
Rights of children born out of live in relationship
Under the section 125 of CrPC, the children i.e., both legitimate or illegitimate can claim maintenance that means children born out of live-in relationship can also seek maintenance under the said section.
The Supreme Court observed in the case of Tulsa v. Durghatiya if the partners have cohabited for a long period of time so as to be recognised as husband and wife, the children born out of such relationship are not to be considered as illegitimate. Section 16 of Hindu Marriage Act, 1955 and section 26 of Special Marriage Act, bestow legitimacy on children of void or voidable marriage. According to sub section 3 the right of inheritance is limited only to the self-acquired property of parents and not the coparcenary or ancestral property. Court held in the case of Bharatha Matha v. Vijaya Renganathan (2010) that the children who are born out of live-in relationships can not be considered illegitimate with the condition that relationship lasts long.
Pros of living in live in relationships
- Live-in partners have more time to get to know each other well and make a well-judged decision for themselves. It helps the partners to get familiar with each other’s habits, their nature, their expectations, etc.
- They can test their compatibility with each other. This will teach them how to share their lives and whether they are compatible or not.
- It offers more financial and legal independence. In order to end the live-in relationship there is no legal procedure that is required, the partners can themselves decide to separate and execute the separation without any intervention of court.
- As the relationship is not based on societal customs, the partners are also not bound by the societal norms but rather share equal responsibilities and do not stick to gender- based roles during cohabitation.
- These relationships are free from unnecessary societal norms and diktats.
- The partners bond on a deeper level as there is no such burden of commitment or responsibilities.
Cons of live in relationships
- Indian societies are yet to accept the concept of live in. The live-in relationship is still considered taboo in most parts of India. The couples are often criticised, harassed and berated for their choices.
- There is also the lack of commitment which makes it easier for the partner to just walk out of the relationship. The relationship can be broken on trivial issues and minute disagreements. As there is no social, financial or legal binding, the doors are wide open to walk out.
- It is an established fact that women suffer most in the patriarchal setup of marriage. There are similar conditions in the arrangement of live-in relationships. Socially, emotionally, biologically it is the women who suffer the most.
- The children born out of a live -in relationship suffer harassment in the society. Also, as there is no provision of custodial rights of fathers on the children born out of live in relationships. The child which is born out of live-in relationship has no right to claim his right over his father’s coparcenary property, he only has right to claim on self-acquired property as their parent’s relationship is void of all legal bindings.
- The adults have somehow lost faith in the institution of marriage. As live-in relationships are more convenient the individuals have lost the respect for the institution of marriage.
Suggestions
As a citizen of India every individual is given certain fundamental rights. Every adult has the right to choose for himself whoever he wants as his partner. This also gives him liberty to cohabitate. With the ever-changing societal-norms it is not right to hold tight the conservative ideologies. India as a developing nation shall lose the grip of these conservative ideologies and should focus on making it a free country.
As the law-making power is given to the legislature, they should make laws facilitating the consenting adults in their choices with keeping in mind their protection and interests of society.
The changing dynamics of relationships are the signs of the development of society.
Conclusion
There is no specific or distinct statute related to live-in relationships. But the live-in relationship is recognised through various judgments and the statements of courts. There are still a lot of stigmas attached to this kind of arrangement in Indian society in the name of culture and customs. But the judiciary has helped in regulating the stigma surrounding the arrangement and by allowing couples to live together without the legal marriage. The courts have also helped in restoring the respect of couples in the community.
But there is still a long way ahead in order to provide facilitation to the couples in such arrangements and a proper legal statute recognising different aspects of the arrangement and providing them necessary facilities is the need of the modern society in order to protect the rights and interests of the individuals or consenting adults.
- AIR 2014 SC 309
- Jayanta Ghosh, ‘Live in Relationship & Hindu Marriage’, 2015
- Sanjay Gaur, ‘Live-in-Relationship’, 2011
- https://en.wikipedia.org/wiki/Luka_Chuppi
- https://www.simplekanoon.com/family-law/s-khushboo-vs-kanniammal-1488/
- https://www.jstor.org/stable/44290308
- (2010) 10 SCC 469
- 1978 AIR 1557
- (2006) 5 SCC 475
- https://www.casemine.com/search/in/section%2B2%28f%29%2Bdomestic%2Bviolence%2Bact
AUTHOR:
Sanjana Mandar
Faculty of Law, Delhi University.