A Live-in Relationship is a continuous cohabitation
between an adult male and an adult female without marriage, where they agreed
to live together as husband and wife.
This relationship comes under the Right to live with
liberty and if continues for a long period then the couple considered as
legally married.
There
is no legal definition of Live-in Relationship in Indian Law. However the
Supreme Court of India, in the matter of D.Velusamy Versus D.Patchaiammal
(2010) 10 SCC 469, declared certain conditions:
➣They
must be of legal age of marriage
➣They
must hold themselves out to society as being akin to spouses.
➣They
must be otherwise qualified to enter into a legal marriage, including being
unmarried.
➣They
must have voluntarily cohabited and held themselves out to the world as being
akin to spouses for a significant period of time.
In
simple language we can understand that for living in Live-in Relationship, the
couple should be an adult, living under one roof, maintaining sexual relations,
sharing household and should live together continuously for a reasonable period
of time and merely spending weekends together or a one night stand will not
considered a domestic relationship.
If a
man has a “Keep” whom he maintains financially and uses mainly for sexual
purpose and/or a servant, then it would not be a relationship in the nature of
marriage.
Is Live-in Relationship
is Legal in India?
In
India, where Marriages are considered as a holy union, the concept of Live –in
Relationship is mostly not accepted by the society, but in the eye of Law, it
is neither an offense nor a sin.
Supreme
Court of India through its judgments in various matters declared that when a
man and a woman in love live together is a part of the right to life and not a
criminal offence, and further live-in relationship is legal in India. Some of
the landmark judgments to prove that the Live-in Relationships are legal in
India are given below:
The
Supreme Court of India, in the matter of a well known actress, S.Khushboo
Versus Kanniammal & Another (2010) 5 SCC 600, held that Live- in
Relationships are permissible and the act of two adults living together without
marriage cannot be considered illegal or unlawful, and further said that ,
there is no law prohibiting Live –in Relationships or pre-marital sex, and
living together is a right to live under the Article 21 of the Constitution of
India.
The
Supreme Court of India in the case of Lata Singh Versus The State of U.P. &
Another, (2006) 5 SCC 475 held that, Any person who has attained the age of
marriage or the knowledge whatever is earlier, should have to Right to marry to
a person of his /her choice, and a Live –in Relationship between two consenting
adults did not amount to any offense.
The
Supreme Court of India also in the matter of SPS Balasubramanian Versus
Suruttayan observed that, If a man and woman have lived together for a long
period then the law will presume them to be legally married unless the contrary
is proved, and further held that children born out of such a relationship would
be entitled to inheritance in the property of the parents but if such
relationship is only for sexual purposes then the partner cannot claim the
benefits of a legal marriage.
Legal Recognition of Live
–in Relationship:
If a
man and woman are living together for a long period of time and presenting
themselves as husband and wife, then the woman in a live-in relationship can
take protection under the provision of Domestic Violence Act, 2005, and can
claim maintenance.
The
children born out of such Live-in Relationship can claim maintenance under
Section 125 of the Criminal Procedure Code.
Further,
the Supreme Court of India on the recommendations of Malimath Committee, alter
the meaning of wife after amending the Section 125 of the Criminal Procedure
Code, and now if a woman has been living in a live –in relationship for a long
period as husband and wife then she can claim maintenance under Section 125
CrPc also, if her male partner abandoned her.
Further,
Section 16 of the Hindu Marriage Act, 1855 granted inheritance right in the
ancestral and self acquired property to the children born out of a Live-in
Relationship.
However,
under Muslim Law, the child born out of Live-in Relationship has no right to
inherit property from father , but has right to inherit the property of his/her
mother and also the property of all other relations with whom he/she is related
through the mother.
Under
the Christian Law, the child born out of Live-in Relationship neither inherits
neither from the mother nor from the father.
Supreme
Court of India in the matter of Dhannulal & Others Versus Ganeshram &
Another, AIR 2015 SC 2382 held that couples living in Live-in relationship will
be presumed legally married, and the woman would be eligible to inherit the
property after the death of her partner.
In
one another matter of Tulsa & Others Versus Durghatiya & Others, AIR
2008 SC 1193, Supreme Court of India held that the children born out of live-in
relationships are not illegitimate, if their parents have cohabited with each
other under one roof for a long period as husband and wife, and children having
right over their parents property.
Hence, it is clear that Live-in Relationships is legal in India.
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