LIVE-IN RELATIONSHIPS IN INDIA

This article is written by Hitaishi Jaiswal of 3^rd Semester of National University of Study and Research in Law (NUSRL) Ranchi, an intern under Legal Vidhiya

Abstract

This research paper explores the legal and socio-legal dimensions of live-in relationships in India from the perspective of a law student. The paper examines the legal recognition of live-in relationships, the decisions of courts regarding live-in relationships, and the need for legal recognition of live-in relationships. The paper also discusses the psychological implications of live-in relationships and the arguments for a more liberal approach towards live-in relationships. The legal status of live-in relationships in India is complex and evolving, with no explicit law or custom governing such relationships. The legal recognition and rights of individuals in live-in relationships have evolved over time through court judgments, with the Supreme Court playing a significant role in expanding the notion of live-in partnerships and establishing rules for dealing with such relationships. The psychological implications of live-in relationships for the individuals involved are complex and depend on various factors such as social recognition, legal protection, and personal well-being. Further research and analysis are needed to fully understand the implications and consequences of live-in relationships in the Indian context. Overall, the changing legal status of live-in relationships in India reflects the evolving social dynamics and the need for legal recognition and protection of individuals in such relationships.

Keywords:

Live-in relationships, Legal recognition, Socio-legal dimensions, Indian laws, Court decisions, Legal status, Psychological implications, Liberal approach, Marriage and family, Indian culture and tradition, Religious and family-centric society, Legal stature, Systemic assessment, Legal positions, Liberal application, Mapping Indian jurisprudence, Progressive judicial decisions, Social dynamics, Personal well-being, social recognition, Legal protection, Taboo and stigma, Vulnerability and abuse, rights and interests, ongoing debates and discussions.

Introduction

Live-in relationships, commonly referred to as cohabitation, denote a circumstance in which two individuals reside together as intimate partners without formalizing their union through marriage. In recent years, there has been a noticeable rise in the prevalence of live-in relationships in India, particularly among the younger demographic. Based on a research study, it has been observed that live-in relationships can be seen as a manifestation of the decision made by two individuals to cohabit as partners, without formalizing their commitment through the institution of marriage. The legal recognition of cohabitation arrangements in India has been a subject of deliberation and analysis within the realm of legal academia and governmental decision-making. The primary objective of this research paper is to examine the legal and socio-legal aspects of cohabitation in India, specifically from the standpoint of a student of law. This study will analyze the existing legal framework surrounding cohabitation arrangements in India, explore the necessity for legal acknowledgment of such relationships, and investigate the historical evolution of their legal standing. This paper will additionally examine the psychological ramifications associated with cohabitation in India, while also presenting the justifications for adopting a more permissive stance towards live-in relationships.[1]

Legal Stature of Live-In Relationships in India

In India, the legal recognition of live-in relationships as a valid form of union is absent. There is no specific legislation in Indian law that pertains to the regulation of live-in relationships.[2] Nevertheless, the notion of cohabitation arrangements falls under the jurisdiction of personal laws and is susceptible to judicial interpretation. The legal recognition of cohabitation arrangements in India is predominantly influenced by judicial rulings and legal precedents. The existing legal framework in India pertaining to cohabitation relationships is predominantly shaped by a sequence of comparatively forward-thinking judicial rulings.[3] The recognition of live-in relationships as a legitimate form of partnership and the provision of specific rights and protections to individuals involved in such relationships have been acknowledged by the Supreme Court of India.[4] The Supreme Court, in the notable case of Indra Sarma v. V.K.V. Sarma, established that live-in relationships fall within the scope of the right to life as outlined in Article 21 of the Constitution of India. The judiciary has placed significant emphasis on safeguarding the rights and interests of individuals involved in cohabitation arrangements, encompassing matters pertaining to financial support, property entitlements, and the custody of children. Nevertheless, live-in relationships elicit diverse opinions, with some viewpoints being progressive and others expressing regressive sentiments.[5]

Decisions of Courts regarding live-in relationships

The legal recognition of live-in relationships in India is primarily shaped by judicial decisions and precedents. Here is a discussion of some of the key decisions of courts regarding live-in relationships:

1. Indra Sarma v. V.K.V. Sarma case: In a historic verdict, the Supreme Court set a precedent by establishing clear criteria for recognizing live-in relationships as equivalent to marriage. The pivotal case marked a significant turning point as the court delineated the prerequisites for conferring marital status upon live-in couples. Central to the court’s ruling was the assertion that a live-in relationship could attain the status of a legitimate marriage if certain conditions were met. These conditions encompassed a substantial duration of cohabitation and the public portrayal of the couple as akin to spouses. Moreover, the court emphasized the importance of a shared household, underscoring that the couple must have resided together in a common dwelling, mirroring the cohabitation dynamics of a married duo. This landmark judgment not only validated the significance of live-in relationships but also provided a legal framework that aligns recognition with the depth and commitment reminiscent of traditional marriages.[6]

2. Protection of Women from Domestic Violence Act, 2005: Embedded within the Act is the acknowledgement of live-in relationships as constituting a “relationship in the nature of marriage,” thereby extending essential safeguards to women engaged in such unions, shielding them from domestic violence. The Act’s framework encompasses a comprehensive definition of a “domestic relationship,” encompassing scenarios where individuals are involved in live-in partnerships. By explicitly incorporating these provisions, the Act not only acknowledges the legitimacy of such relationships but also underscores the significance of safeguarding the rights and well-being of those participating in these unions.

3. S. Khushboo v. Kanniammal case: In a pivotal case that carried significant societal implications, the Supreme Court resolutely upheld the legality and morality of live-in relationships, asserting the fundamental right of adults to autonomously select their life partners and cohabit without unwarranted intrusion from either the state or society. The court’s landmark judgment unequivocally shattered misconceptions surrounding live-in arrangements, emphasizing their legitimacy and affirming the freedom of consenting adults to forge relationships on their own terms. Central to the ruling was the resounding declaration that the state possesses no authority to criminalize live-in relationships between adults who have willingly chosen to embark on such partnerships. This momentous decision not only dismantled archaic biases but also solidified the protection of personal choices within the boundaries of the law, fostering a more inclusive and progressive legal landscape.

4. D. Velusamy v. D. Patchaiammal case: In a landmark case that set a new legal precedent, the Supreme Court definitively ruled that a “relationship in the nature of marriage” would be classified as a live-in relationship, signifying a significant stride towards recognizing diverse forms of companionship. The court’s pivotal decision was accompanied by a comprehensive framework for gauging the essence of such relationships, centered around key criteria. Notably, the court outlined a trio of factors that would be pivotal in determining whether a relationship truly embodied the nature of matrimony. These encompassed the duration of the relationship, the establishment of a shared household, and the mutual intention of the involved parties to cohabit as spouses. By articulating these precise parameters, the court not only dispelled ambiguity but also fortified the legal understanding of relationships beyond traditional marriage, underscoring the importance of context and commitment in shaping the contours of modern partnerships.

Arguments for a more liberal approach towards live-in relationships in India

Recognition of individual autonomy[7]: Advocates for a more progressive perspective assert that individuals hold an inherent right to exercise their agency in selecting partners and cohabiting freely, devoid of undue meddling from either governmental authorities or societal norms. Their stance pivots on the conviction that the state ought not to intrude into the private affairs of individuals, but rather should champion and safeguard their autonomy as well as their prerogative to forge connections based on genuine affection and compatibility. This perspective underscores the significance of upholding personal freedom of choice, underscoring that relationships, rooted in individual emotions and personal bonds, should be insulated from external interference to nurture a society that embraces diversity and respects the intricate tapestry of human connections.

Protection of rights[8]: Championing a more progressive stance on live-in relationships, proponents assert that adopting a liberal approach holds the potential to offer crucial legal protections and societal validation to couples who opt for cohabitation without formal marriage. Advocates contend that individuals engaged in such relationships deserve equitable legal standing, advocating for an extension of rights and responsibilities akin to those afforded to couples in conventional marriages. This encompassing viewpoint emphasizes granting partners in live-in relationships access to essential safeguards, encompassing property rights, inheritance entitlements, and safeguards against domestic violence. By extending such protections, society not only acknowledges the validity and commitment of diverse relationship choices but also constructs a robust framework that respects the aspirations and well-being of couples, promoting a more inclusive legal landscape and fostering the mutual flourishing of individuals within varied relationship dynamics.

Changing social dynamics: In an era characterized by evolving social dynamics, the call for acknowledging and safeguarding live-in relationships has gained momentum as a reflection of societal transformation. Advocates contend that these relationships should be formally recognized and protected under the law, mirroring the shifting landscape of human connections. By extending legal recognition, supporters believe that the persistent stigma attached to live-in relationships can be mitigated, allowing for increased social acceptance. This recognition, they argue, is a crucial step towards dismantling outdated norms, fostering inclusivity, and encouraging a more nuanced understanding of modern relationships. Such a progressive legal framework not only acknowledges the diversity of human choices but also paves the way for a more compassionate and understanding society that honors the multiplicity of paths individuals take in pursuit of fulfilling relationships.

Empowerment of women: Advocates of a more liberal stance on live-in relationships underscore the potential for such an approach to significantly empower women, granting them critical legal safeguards and acknowledgment. They contend that women within live-in relationships often confront vulnerability to exploitation and abuse, exacerbated by the lack of formal recognition. By affording legal recognition to these relationships, supporters assert that women’s rights and interests can be better safeguarded, effectively countering the potential for exploitation and neglect. Such a protective legal framework not only acknowledges the challenges women might face within these dynamics but also signifies a pivotal step toward gender equality, contributing to a society where all individuals, irrespective of their relationship choices, are assured of their fundamental rights and dignities.

Need for Legal Recognition of Live-in Relationships in India

Live-in relationships have remained a contentious and extensively debated subject within the Indian context. Despite the absence of explicit recognition in existing laws, the Supreme Court of India has emerged as a pivotal influencer in molding the legal status and rights of individuals engaged in live-in partnerships. Through its progressive verdicts, the court has progressively broadened the scope of these relationships and established parameters for their treatment. Notably, the Protection of Women from Domestic Violence Act, 2005, categorizes live-in relationships as a “relationship in the nature of marriage,” extending safeguards to women against domestic violence. A thorough socio-legal examination highlights the urgency for deeper research into the multifaceted dimensions of such relationships in India. The judiciary has championed a contemporary and liberal approach, acknowledging the rights and welfare of those involved in live-in unions. Given the absence of specific legal frameworks or customs for these partnerships in India, court rulings have predominantly dictated their legal implications. In this capacity, the courts have acted as enforcers of change, effectively dismantling societal taboos, fostering harmonious coexistence, and advocating for equitable respect within society.

Examining of current legal positions governing live-in relationships[9]

The absence of explicit legal statutes or cultural norms addressing live-in relationships in India has led to a legal landscape where court decisions predominantly determine their consequences. The Supreme Court of India has emerged as a key actor in shaping the understanding of live-in partnerships and instituting regulations for their treatment. Notably progressive and contemporary in their approach, the court’s judgments have been instrumental in recognizing the rights and interests of individuals engaged in such relationships. By adopting this role, the judiciary has served as a regulator in dismantling societal taboos surrounding live-in arrangements, while simultaneously advocating for harmonious coexistence and equitable respect within society. The gradual evolution of legal recognition and rights for those in live-in relationships is the result of a continuous progression of court rulings. The absence of specific legislation governing these unions has necessitated a reliance on judicial interpretations and precedents. The Supreme Court has underscored the importance of safeguarding the rights of individuals involved in live-in relationships, addressing concerns like maintenance, property rights, and child custody. As the legal landscape for live-in relationships in India remains a subject of ongoing debate, the court’s decisions vary between progressive and regressive, further underscoring the need for comprehensive legal reforms and discussions in this realm.[10]

Legal Implications of Live-in Relationships in India[11]

In India, the legal framework surrounding live-in relationships is predominantly molded by judicial decisions and precedents. The absence of explicit legislation or established customs specifically regulating these unions has prompted the legal system to rely on court rulings to establish their status. The Supreme Court of India has played a pivotal role in conferring validity upon live-in relationships and extending certain rights and protections to individuals engaged in such unions. Notably, the Protection of Women from Domestic Violence Act, 2005, classifies live-in relationships as a “relationship in the nature of marriage,” thus providing women in such partnerships with safeguards against domestic violence. The journey towards legal recognition and rights for those in live-in relationships has unfolded gradually over time through a series of judicial pronouncements. Given the lack of dedicated legislation addressing these unions, the courts have been tasked with interpreting the law in the absence of explicit guidelines, thereby highlighting the significance of their role in shaping the legal landscape for this evolving facet of modern relationships.

Psychological Implications of Live-In Relationships in India[12]

While live-in relationships offer the opportunity for couples to deepen their understanding of each other, this seemingly uncomplicated arrangement is not without its drawbacks. The absence of binding commitments can result in emotional and psychological strain, stemming from the dearth of societal acceptance and legal safeguards. Particularly, the challenges faced by women in such relationships underscore the need for comprehensive protection. Women often find themselves exposed to vulnerability, exploitation, and abuse, exacerbated by the absence of formal recognition. Advocates of a more liberal approach recognize that granting legal recognition to live-in relationships holds the potential to not only safeguard women’s rights but also empower them. By extending legal protection and acknowledgment, a crucial step can be taken towards ensuring that these relationships foster an environment of trust, security, and equality, ultimately benefiting both partners and contributing to a more inclusive society.[13]

Changes in the Legal Status of Live-in Relationships in India

The analysis of the interpretation of laws pertaining to couples in live-in relationships reveals a complex legal landscape. Within India, the absence of explicit legal provisions or established customs governing live-in relationships necessitates an examination of court decisions to understand their legal ramifications. As such, the legal consequences of these relationships are predominantly determined through judicial interpretations and precedents. The Supreme Court of India has played a pivotal role in shaping this landscape, progressively expanding the scope of live-in partnerships and establishing guidelines for addressing the intricacies of such relationships. By doing so, the court has assumed the role of a regulatory force, effectively dismantling societal taboos associated with these relationships. Consequently, couples are afforded the opportunity to coexist harmoniously, fostering an environment of mutual respect within the community. While the legal framework for live-in relationships continues to evolve through court judgments, the judiciary’s role in refining these interpretations not only ensures equitable treatment but also signifies a significant step toward creating a more inclusive and accepting society for couples who choose this form of companionship.

The legal status of live-in relationships in India has undergone significant evolution, largely shaped by impactful court cases that have propelled this shift. The Supreme Court of India has emerged as a key influencer in this realm, progressively broadening the definition and recognition of live-in partnerships while simultaneously setting guidelines to navigate the legal complexities surrounding them. Notably, the court’s decisions have consistently showcased a forward-thinking, liberal stance, acknowledging the rights and interests of individuals engaged in live-in relationships. An essential milestone was the enactment of the Protection of Women from Domestic Violence Act, 2005, which deemed live-in relationships as a “relationship in the nature of marriage.” This recognition was pivotal as it granted women in these relationships protection against domestic violence, highlighting a commitment to gender equality and safeguarding the rights of vulnerable individuals. By interpreting the law in a manner that resonates with contemporary realities, the judiciary’s role has been instrumental in fostering a legal environment that acknowledges diverse relationship dynamics and promotes a more equitable society.[14]

Evolution of legal status of live-in relationships

The evolution of the legal status of live-in relationships in India is a journey marked by the gradual progression of court judgments. Over time, the recognition and rights accorded to individuals in such relationships have transformed significantly through the influence of the judicial system. The Supreme Court has been at the forefront of shaping this evolution by underlining the importance of safeguarding the rights of those involved in live-in partnerships. The court’s rulings have addressed vital aspects, including matters concerning maintenance, property rights, and child custody, emphasizing the necessity to extend protections similar to those available to married couples.

However, the legal landscape governing live-in relationships is far from monolithic. It remains subject to ongoing debates and discussions within legal circles and society at large. While certain court judgments have been characterized by progressive perspectives, acknowledging the validity and rights of individuals in these relationships, others have taken regressive stances that cast shadows on the legal recognition of live-in partnerships. The dichotomy in these judgments mirrors the broader societal divergence on the subject, underlining the inherent complexities of adapting traditional legal frameworks to contemporary relationship dynamics.

As the legal discourse around live-in relationships continues to evolve, the legal system finds itself tasked with the responsibility of reconciling diverse viewpoints. While some judgments may represent leaps forward in ensuring the protection and rights of individuals in such relationships, others might perpetuate outdated norms and biases. This dynamic underscore the ongoing need for comprehensive legislative and judicial reform, as well as open dialogue, in order to establish a coherent and equitable legal framework that corresponds with the realities of modern relationships in India.

Conclusion

The changing legal status of live-in relationships in India reflects the evolving social dynamics and the need for legal recognition and protection of individuals in such relationships. The legal and psychological implications of live-in relationships in India are complex and multifaceted, and ongoing debates and discussions are necessary to fully understand and address the issues surrounding live-in relationships in India.

In conclusion, this article has explored the legal and socio-legal dimensions of live-in relationships in India from the perspective of a law student. The paper has examined the legal recognition of live-in relationships, the decisions of courts regarding live-in relationships, and the need for legal recognition of live-in relationships. The paper has also discussed the psychological implications of live-in relationships and the arguments for a more liberal approach towards live-in relationships.

The legal status of live-in relationships in India is complex and evolving, with no explicit law or custom governing such relationships. The legal recognition and rights of individuals in live-in relationships have evolved over time through court judgments, with the Supreme Court playing a significant role in expanding the notion of live-in partnerships and establishing rules for dealing with such relationships. The lack of specific legislation governing live-in relationships has led to a reliance on judicial interpretations and precedents.

The psychological implications of live-in relationships for the individuals involved are complex and depend on various factors such as social recognition, legal protection, and personal well-being. Further research and analysis are needed to fully understand the implications and consequences of live-in relationships in the Indian context.

References:

1. Dr S. N. Dholam, Socio-legal dimensions of ‘Live-In Relationship’ in India, (2015), available at https://www.researchgate.net/publication/286440123_Socio-legal_dimensions_of_’live-in_relationship’_in_India, last seen on 13/08/2023.
2. Sanjay K.K., Live-in Relationship: Laws in India, Legal Services India, available at https://www.legalserviceindia.com/legal/article-10718-live-in-relationship-laws-in-india.html, last seen on 13/08/2023.
3. Sattigeri, Legal Status of Live-in Relationships in India: Mapping Indian Jurisprudence, Lawctopus, available at https://www.lawctopus.com/academike/live-in-relationships-in-india/, last seen on 13/08/2023.
4. Narayan, M. Narayan, M. Deepanshu, Live-In Relationships in India- Legal and Psychological Implications, Journal of Psychosexual Health, 3, 18-23 (2021), available at https://www.semanticscholar.org/paper/Live-In-Relationships-in-India%E2%80%94Legal-and-Narayan-Narayan/a4da3ed64108f2028b799f03057c9429161b0566, last seen on 13/08/2023.
5. S. Jain, Are Live-In Relationships Legal in India, iPleaders, available at https://blog.ipleaders.in/are-live-in-relationships-legal-in-india/, last seen on 13/08/2023.
6. Varsha, Rights of a woman in a Live-In Relationships in India: Legal Status and Landmark Judgements, BnB Legal, available at https://bnblegal.com/article/rights-of-a-woman-in-a-live-in-relationship-in-india-legal-status-and-landmark-judgments/, last seen on 13/08/2023.
7. Research Report: Live-In Relationships in India, Centre for Socio Legal Research, available at https://hcommons.org/deposits/objects/hc:45416/datastreams/CONTENT/content, last seen on 18/08/2023
8. H. Pawaskar, Live-in Relationship: Legal Perspective and Problems, Legal Service India E-Journal, available at https://www.legalserviceindia.com/legal/article-4562-live-in-relationship-legal-perspective-and-problems.html, last seen on 18/08/2023.
9. A Research Study on Live-In Relationships in India, Centre for Socio Legal Research, available at https://www.cslr.in/2022/04/a-research-study-on-live-in.html?m=1, last seen on 18/08/2023.
10. Y. D. Patil, Socio-Legal Perspective of Live-in Relationship in India, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926477, last seen on 18/08/2023.
11. Live-In Relationships in India- Legal and Psychological Implications, Sage Journals, available at https://journals.sagepub.com/doi/full/10.1177/2631831820974585, last seen on 18/08/2023.
12. S. Thakur, Live-In Relationships- Pros and Cons of Live-In Relationships, Legal Study Material, available at https://legalstudymaterial.com/live-in-relationships/, last seen on 18/08/2023.
13. E. Bhargava, The good and bad of a live-in relationship for your mental health, Financial Express (21/01/2023), available at https://www.financialexpress.com/lifestyle/the-good-and-bad-of-a-live-in-relationship-for-your-mental-health/2951445/, last seen on 18/08/2023.
14. Ishika, An Analysis On The Interpretation of Laws For the Couples in a Live-In Relationship, Scribd, available at https://www.scribd.com/document/637588357/An-analysis-on-the-interpretation-of-laws-for-the-couples-in-a-live-in-relationship#, last seen on 18/08/2023.

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[1] Dr S. N. Dholam, Socio-legal dimensions of ‘Live-In Relationship’ in India, (2015), available at https://www.researchgate.net/publication/286440123_Socio-legal_dimensions_of_’live-in_relationship’_in_India, last seen on 13/08/2023.

[2] Sanjay K.K., Live-in Relationship: Laws in India, Legal Services India, available at https://www.legalserviceindia.com/legal/article-10718-live-in-relationship-laws-in-india.html, last seen on 13/08/2023.

[3] A. Sattigeri, Legal Status of Live-in Relationships in India: Mapping Indian Jurisprudence, Lawctopus, available at https://www.lawctopus.com/academike/live-in-relationships-in-india/, last seen on 13/08/2023.

[4] C. Narayan, M. Narayan, M. Deepanshu, Live-In Relationships in India- Legal and Psychological Implications, Journal of Psychosexual Health, 3, 18-23 (2021), available at https://www.semanticscholar.org/paper/Live-In-Relationships-in-India%E2%80%94Legal-and-Narayan-Narayan/a4da3ed64108f2028b799f03057c9429161b0566, last seen on 13/08/2023.

[5] S. Jain, Are Live-In Relationships Legal in India, iPleaders, available at https://blog.ipleaders.in/are-live-in-relationships-legal-in-india/, last seen on 13/08/2023.

[6] Varsha, Rights of a woman in a Live-In Relationships in India: Legal Status and Landmark Judgements, BnB Legal, available at https://bnblegal.com/article/rights-of-a-woman-in-a-live-in-relationship-in-india-legal-status-and-landmark-judgments/, last seen on 13/08/2023.

[7] Research Report: Live-In Relationships in India, Centre for Socio Legal Research, available at https://hcommons.org/deposits/objects/hc:45416/datastreams/CONTENT/content, last seen on 18/08/2023

[8] H. Pawaskar, Live-in Relationship: Legal Perspective and Problems, Legal Service India E-Journal, available at https://www.legalserviceindia.com/legal/article-4562-live-in-relationship-legal-perspective-and-problems.html, last seen on 18/08/2023.

[9] A Research Study on Live-In Relationships in India, Centre for Socio Legal Research, available at https://www.cslr.in/2022/04/a-research-study-on-live-in.html?m=1, last seen on 18/08/2023.

[10] Y. D. Patil, Socio-Legal Perspective of Live-in Relationship in India, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926477, last seen on 18/08/2023.

[11] Live-In Relationships in India- Legal and Psychological Implications, Sage Journals, available at https://journals.sagepub.com/doi/full/10.1177/2631831820974585, last seen on 18/08/2023.

[12] S. Thakur, Live-In Relationships- Pros and Cons of Live-In Relationships, Legal Study Material, available at https://legalstudymaterial.com/live-in-relationships/, last seen on 18/08/2023.

[13] E. Bhargava, The good and bad of a live-in relationship for your mental health, Financial Express (21/01/2023), available at https://www.financialexpress.com/lifestyle/the-good-and-bad-of-a-live-in-relationship-for-your-mental-health/2951445/, last seen on 18/08/2023.

[14] Ishika, An Analysis On The Interpretation of Laws For the Couples in a Live-In Relationship, Scribd, available at https://www.scribd.com/document/637588357/An-analysis-on-the-interpretation-of-laws-for-the-couples-in-a-live-in-relationship#, last seen on 18/08/2023.