Article written by Advocate Alpa Jogi on Live-in Relationship in India
Time and again we have been receiving many queries from our clients seeking details whether Live-in relationships in India are legal or not. Since there are no direct laws governing live-in relationships, the answer lays between complex legal and social landscape. If we try to explore the legal aspects of the Live-in relationships, than we can consider following points
(1) Precedents
(2) Constitution
(3) Interpretations of Acts/Codes/Laws
And based on the above, we can finally try to list out the rights of female living in Live-in relationship
(1) Precedents
Supreme Court has touched the Live-in relationship in many of its judgements. But while delivering the judgements, the honourable court seemed to be distinguishing carefully between ‘relationship in the nature of marriage' and `live in relationship'. Following judgements of Honourable Supreme Court has touched upon the topic of Live-in relationship and have tried to address the issues pertaining to it
(1) CRIMINAL APPEAL NOS. 2028-2029 OF 2010 D. Velusamy Vs D. Patchaiammal
(2) CRIMINAL APPEAL NO. 913 of 2010 S. Khushboo vs Kanniammal & Anr
(3) CRIMINAL APPEAL NO. 2009 OF 2013 Indra Sarma Vs V.K.V. Sarma
Supreme Court of India in CRIMINAL APPEAL NO. 2009 OF 2013 Indra Sarma Vs V.K.V. Sarma has clearly stated that Live-in relationship is not a crime in this country. The relevant portion of the judgement is reproduced below
... 2. Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. ...
So we can comfortably say that staying in Live-in relationship is definitely not a crime in India
(2) Constitution
Article 21 of the Constitution of India, which provides the right to life and personal liberty, serves as the constitutional foundation for the legal recognition of live-in relationships. The Supreme Court of India, exercising its interpretative jurisdiction, has expanded the scope of Article 21 to encompass the right of individuals to cohabit with a partner of their choice, irrespective of marital status.
So we can make clear interpretation that staying in Live-in relationship is a right provided to us by the Constitution of India.
(3) Interpretations of Acts/Codes/Laws
Protection of Women from Domestic Violence Act, 2005:
Section 2(f) of the Act defines "domestic relationship" to include relationships "in the nature of marriage," thereby extending statutory recognition to live-in relationships. The Act confers upon women in live-in relationships the right to seek remedies against domestic violence, placing them on par with married women for the purposes of the Act.
Code of Criminal Procedure, 1973:
Section 125 of the Code of Criminal Procedure, 1973, which provides for maintenance, has been judicially interpreted to encompass women in live-in relationships.
Indian Evidence Act, 1872:
Section 114 of the Indian Evidence Act, 1872 permits the Court to presume the existence of certain facts, including the presumption of marriage in cases of long-term cohabitation. This presumption has been judicially applied to safeguard the rights and interests of partners in live-in relationships, particularly in matters of property and maintenance.
What are the Rights and Obligations in Live-in Relationships ?
Maintenance Rights
Judicial interpretations have established that women in live-in relationships are entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, and Section 125 of the Code of Criminal Procedure, 1973. The entitlement to maintenance is contingent upon the relationship satisfying certain criteria analogous to a marital relationship, as determined by the courts on a case-by-case basis.
Property Rights
While there exists no automatic right of inheritance for live-in partners under Indian law, the Supreme Court of India, in the case of Velusamy v. D. Patchaiammal (2010), has held that a live-in partner may acquire rights to property accumulated during the subsistence of the relationship. The acquisition of such property rights is predicated upon the partner's demonstrable contribution to the acquisition of the said property.
Rights of Children Born Out of Live-in Relationships
The Supreme Court of India has accorded legitimacy and inheritance rights to children born out of live-in relationships. In the landmark case of Tulsa v. Durghatiya (2008), the Supreme Court held that children born out of a live-in relationship cannot be deemed illegitimate if the parents have cohabited under the same roof for a considerable period.
Protection Against Domestic Violence
The Protection of Women from Domestic Violence Act, 2005 extends its protective ambit to women in live-in relationships. Under the Act, women in live-in relationships are entitled to the following rights:
• The right to reside in the shared household
• The right to seek protection orders against the respondent
• The right to claim compensation for damages suffered as a result of domestic violence
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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