In the last few years, a common phenomenon in India is Live in relationships, especially in the larger cities, and often among younger people in their late teens and twenties. The traditional view of relationships has changed, moving away from marriage to more flexible arrangements which allow couples to cohabit without actually marrying. Not unlike most many other societal changes in India, the change from marriage towards other forms of relationships raises some important legal and social questions.
Many might view Live in relationships as a personal choice, but they interrelate with family law at some level. The laws impacting Live in relationships relate to the rights and entitlements available to one or both of the parties, and the rights available if a dispute or separation arises. This blog by Vrinlegal will describe and explore the idea of Live in relationships in India, the possible legal recognition of Live in relationships, and the rights and entitlements available to couples in these types of relationships.
1. Understanding Live in Relationships
A Live in relationship is an arrangement where two individuals, voluntarily and of their own choice, Live in relationships together, in a domestic arrangement that resembles marriage but is NOT formally registered through wedding or marriage. There can be various emotional relationships and obligations that prompt a live-in arrangement for reasons of companionship, joint responsibilities, and/or cost economies.
The law in India does NOT recognize any specific statute governing relationships in a Live in arrangement nor are Live in relationships recognized or defined in any statute law the law has recognized such relationships in accordance with Judgements and precedents made by the judicial system and the Supreme Court of India. The courts have set out that Live in relationships are NOT illegal and granted legal rights to partners under the provision of existing laws.
2. Legal Recognition of Live in Relationships in India
Ultimately, India’s legal landscape in regard to family law, specifically through family courts and the higher judiciary, has taken steps to recognize that all live-in partners should have some protection in law. Key court cases have played a part in establishing and recognizing Live in relationships:
The Supreme Court in S. Khushboo vs. Kanniammal (2010): The court asserted that Live in relationships formed without illegal acts in regard to the Tripathi decision are on the same footing as relationships formed under the aegis of marriage.
Protection of Women from Domestic Violence Act, 2005: The Act incorporates the concept of “relationships in the nature of marriage” and extends protections to women who have been in live-in relationships.
Presumption of Marriage: By virtue of Section 114 of the Indian Evidence Act, if the parties have cohabited sufficiently long, they may be presumed to be married unless proven otherwise.
While live-in relationships are not equivalent to marriage from a legal perspective in all matters, they are recognized in limited contexts in law.
3. Rights & Protections in Live-In Relationships
Although Live in relationships don’t get all the legal privileges that come with marriage, there are some rights and protection available, especially to protect against exploitation.
A. Protection from Domestic Violence:-
- This is the most significant legal protection for women in live-in agreements, under the Protection of Women from Domestic Violence Act, 2005, which provides:
- Protection from emotional, economic and physical abuse.
- A right to stay in the shared household.
- Maintenance in certain cases.
B. Right to Maintenance:-
The courts have held that women in live-in relationships can claim maintenance where the relationship can be established to be “in the nature of marriage.” Factors such as the length of cohabitation, shared responsibilities, and how society perceives the relationship can help courts determine if the relationship is in the nature of marriage.
C. Legitimacy of Children:-
Children born from live-in relationships will be deemed legitimate under Indian law. The Supreme Court has stated all children born to a live-in couple have the same status and legal rights as children born from a married couple. This includes the right to inherit property from the parents.
D. Property Rights-
Partners in live-in relationships do not have property rights in each other’s property. However the partners can agree, ideally in writing, to divide the shared assets as they see fit. The inherited property rights are more often applicable to any children the live-in couple may have, instead it does not typically apply to the partners’ themselves unless there is a will.
4. Distinction Between Marriage and Live-In Relationships
It is essential to be clear about the distinctions between the two arrangements:
Aspect:-
- Marriage
- Live-in Relationship Legal Status
- Fully recognized under marriage law.
- Recognized only in specific legal contexts.
Inheritance Rights:-
- Automatic for spouse and children.
- Mostly for children; partners’ rights limited.
Divorce/Separation :-
- Subject to marriage law.
- Not legally formalized; subject to contract or court orders.
Social Acceptance:-
- Widely accepted in Indian society.
- Some degree of stigma in certain parts of society.
These distinctions illustrate that while Live in relationships or love-type arrangements are legally recognized in India, they lack the all-encompassing legal protections inherent in marriage.
5. Challenges Faced by Couples in Live-In Relationships
While acceptance is on the rise, there are several legal and social problems facing live-in couples:
- Lack of Comprehensive Law: Without a dedicated statute, couples are dependant on judicial decisions for their outcome on an ad-hoc basis.
- Social Stigma: Societal norms across much of India still reject live-in relationships, leading to family and social pressure.
- Uncertainty in Rights: It is often unclear to couples what their legal status is, as their rights often differ based on the arrangements set in place.
6. How to Protect Your Rights in a Live-In Relationship
The law provides limited protection, but couples may take reasonable steps to protect their rights and avoid disputes:
A. Create a Live-In Relationship Agreement
This written agreement can cover:
- Financial arrangements.
- Ownership of property and the division of property.
- Responsibilities while living together and at the end of living together.
B. Planning Co-Owned Properties and Assets
Clearly outline ownership when you jointly purchase property. Keep track of what you have contributed individually and as a couple.
C. Keep Official Proofs of the Relationship
Keep records showing the nature of your relationship and the length of time involved. This can help if you run into legal disputes, especially if it involves maintenance or property.
D. Get Guidance from a Family Lawyer
Getting guidance from a family lawyer will help you understand your rights, make legal agreements properly, and give you protection from possible legal challenges.
7. Role of Family Law in Protecting Live-In Partners
Family law is an important element of balancing individual autonomy with legal protections. While India does not have a “Live-In Relationship Law,” many family law provisions and the interpretation by courts have filled the identified gap.
The judiciary’s role has been instrumental in establishing these protections such as the Domestic Violence Act and with court recognition of children’s legitimacy, assuring partners that they will not be left vulnerable just because they are in a non-traditional relationship.
8. Impact of Live-In Relationship Laws on Society
Official recognition of live-in relationships indicates increased social acceptance in India. It:
- Promotes acceptance and autonomy.
- Offers a protective measure for women from domestic abuse and financial exploitation.
- Challenges conventional notions of relationships.
That said, the tension between personal latitude and legal certainty remains unsettled. Lawmakers may ultimately create legislation to regulate live-in relationships further.
9. Conclusion
Live in relationships in India mark a considerable change in societal views of companionship, commitment and individual choice. While live-in relationships do not provide the same legal rights as marriage, they do have recognition under family law, albeit not nearly as much as marriage. However, some limited rights do exist for couples in Live in relationships such as protection from domestic violence and possibly recognition for legitimacy of children.
It is also the responsibility of individuals in a live-in relationship to know their various legal rights and the limitations that may exist. Consulting an experienced family lawyer will allow you to protect your rights and advance your interests.
As society changes, the laws will also ultimately change to provide more clarity and fairness to couples living together as opposed to being married. At Vrinlegal, we believe in protecting individual rights in whatever form the relationship takes, and will continue to provide legal guidance and support to partners at any stage in a relationship, whether we are seeing each other or we are in the early stages of a live-in agreement.