Draft of Legal Recognition of Live-In Relationships in India
In India, live-in relationships, though not formally regulated or defined as marriage, have received increasing legal recognition over the years. They exist as a matter of personal choice between consenting adults who choose to cohabit without marrying. The Indian judiciary has played a pivotal role in defining the legal status and rights of partners in live-in relationships by interpreting constitutional rights and existing laws to afford certain protections to such relationships.
Legal Recognition of Live-In Relationships in India
Indian law does not explicitly recognize live-in relationships as it does marriages. However, the judiciary, led primarily by the Supreme Court of India, has gradually acknowledged these relationships in several landmark judgments. The legal approach generally centers around the following aspects:
- Right to Cohabit: The Supreme Court has ruled that cohabitation between consenting adults falls under the right to life and personal liberty, as guaranteed by Article 21 of the Indian Constitution. The law does not prohibit two adults from living together if they choose to do so.
- Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act (PWDVA) was one of the first laws to recognize the rights of women in live-in relationships by defining a “relationship in the nature of marriage.” This legal recognition provides women with the right to seek protection orders, maintenance, and other reliefs similar to those available to married women if they experience domestic violence.
- Presumption of Marriage: In cases where a live-in relationship has continued for a significant period, the court may presume it as a relationship “in the nature of marriage,” granting rights such as maintenance to the woman. However, the burden of proof is on the parties to establish the nature and length of the relationship.
Rights and Duties of Partners in Live-In Relationships
The rights and duties of partners in a live-in relationship, as derived from legal interpretations and judicial pronouncements, include:
- Right to Protection: Women in live-in relationships are entitled to protection under the Domestic Violence Act, 2005, including protection from physical, emotional, or economic abuse.
- Maintenance Rights: If a live-in relationship resembles a marriage and has continued for a substantial time, courts may grant the woman the right to maintenance if she is financially dependent on her partner. This aligns with the concept of “palimony” in Western jurisprudence, where a non-marital partner can claim financial support.
- Inheritance and Succession Rights: Currently, partners in live-in relationships do not have inheritance or succession rights similar to those in a legally married relationship. However, children born from live-in relationships have inheritance rights in their parents’ property.
- Right to Adopt: Adoption laws in India do not explicitly grant adoption rights to live-in partners, and typically, only a married couple or a single individual is eligible to adopt. However, as per judicial interpretations, live-in couples can raise children born to them or adopted by one of the partners individually.
- Duty of Care: While Indian law does not impose a legal duty of care between partners in a live-in relationship, the courts have encouraged mutual respect, care, and responsibility between partners, especially in terms of financial support and care for children born from such relationships.
Indian Government and Civil Society’s View on Live-In Relationships
- Government View: While live-in relationships have gained recognition through judicial pronouncements, there is no legislative backing or specific statutes governing them. In recent years, however, progressive legal and social acceptance has increased, particularly within urban centers. The government remains cautious on enacting specific laws, viewing live-in relationships primarily as private choices that should not be regulated to the same extent as marriage.
- Civil Society’s View: Indian society is divided in its views on live-in relationships. Younger generations and urban populations tend to be more accepting, viewing it as a personal choice and a reflection of changing social norms. However, traditional and rural communities often view live-in relationships as immoral, largely due to cultural values that place significant importance on marriage. As a result, couples in live-in relationships sometimes face social stigmatization.
Landmark Cases on Live-In Relationships in India
Several landmark cases have shaped the legal landscape surrounding live-in relationships in India. Here are some key judgments:
- S. Khushboo v. Kanniammal (2010): In this case, the Supreme Court ruled that live-in relationships fall under the ambit of the right to life and personal liberty. It asserted that adults have the freedom to choose their partners and live together, even without marriage, as long as the relationship is consensual.
- D. Velusamy v. D. Patchaiammal (2010): This judgment defined a live-in relationship as “in the nature of marriage” if certain conditions are met, such as cohabitation in a shared household, mutual consent, and a relationship that resembles marriage. It specified that not every live-in relationship would attract protection under the Domestic Violence Act; only those resembling marriage would be considered.
- Indra Sarma v. V.K.V. Sarma (2013): The Supreme Court outlined the characteristics that could distinguish a live-in relationship from a relationship in the nature of marriage. The court held that if a relationship fulfills certain criteria, including exclusivity, mutual consent, and longevity, it may qualify as a relationship in the nature of marriage, thus entitling women to seek protection under the Domestic Violence Act.
- Lata Singh v. State of Uttar Pradesh (2006): Though primarily dealing with inter-caste marriage, this case reinforced the right of adults to live with whomever they choose. The Supreme Court emphasized that live-in relationships are not illegal, and consenting adults have the right to cohabit without fear of criminal prosecution.
- Tulsa & Ors v. Durghatiya & Ors (2008): This case ruled that children born from a live-in relationship have legitimate rights and can inherit property from their parents. The judgment was instrumental in protecting the rights of children born to live-in partners and provided clarity on their legal status.
- Chanmuniya v. Virendra Kumar Singh Kushwaha (2011): The Supreme Court recommended that the Parliament enact legislation to provide legal rights to women in live-in relationships. The court held that if a couple had lived together for a considerable period, the relationship would be treated akin to marriage, granting the woman the right to maintenance.
Conclusion
Live-in relationships in India are gradually gaining legal recognition, primarily due to judicial interpretation rather than legislative action. The judiciary has recognized the importance of protecting the rights of women and children within such relationships, emphasizing that these relationships fall within the fundamental rights to life and personal liberty. Although civil society is divided in its perception of live-in relationships, increasing social acceptance has encouraged couples to cohabit without marriage. However, with evolving social norms, it is likely that these relationships will see more defined legal recognition in the future, especially in terms of financial rights and social protections.