Live-In Relationships

Written by Paramvir Singh Narang

lawandhumanrights@icloud.com
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The Indian society's dominant belief structure in terms of the institution of marriage is
undergoing monumental changes, actually it is unprecedented and resembles more like an
upheaval. The institution of marriage which was long respected and regarded as sacrosanct and a
pious relationship which may last 7 lives(according to some Hindu traditions) taken under the
auspicious presence of Lord Agni(Fire God), is these days being challenged in the Urban Indian
Society be a new term referred to as Live-in relationship. Which in simple words is a
relationship in which a couple is living together without being legally married or intending to
establish a permanent relationship between them.

According to law a legal relationship of living together is a fundamental right under article 21 of
the constitution. This sort of a relationship is usually prevalent amongst individuals who lack
commitment towards each other or are in the trial process to see if they are compatible before
taking the plunge i.e get married. Same sex couples are also included by this definition and in
some parts of the world live-in relationship is referred to as a de-facto relationship.

According to me there are two ways of looking at live-in relationships, one way would be to look
at it as devolving from institution of marriage. I say devolving, as we moved from times when
the sacrament of arranged marriage was the norm, to love marriages which were signs of
expression of freedom in terms of choosing ones life partners even if one had to go against the
wishes of their families/society. To now the latest trend of live-in relationships, wherein we are
so unsure about what we want and fear making a commitment that we want to test the waters
before we take the plunge.Another way to look at live-in relationships would be that some
couples do not want to commit to each other and want to be in an open ended relationship of
convenience wherein they can walk-in or walk-out anytime they feel.

Law of India on Live-In Relationships

In India the concept is relatively new compared to rest of the western world, so quite expectedly
the laws are a bit unclear on this particular topic.For example as per Delhi High Court ruling in
2010 in the case of Alok Kumar v. State & Anr . The honourable court defined Live in
relationship, As a no strings attached relationship, wherein this relationship does not create
any legal bond between the parties. It is a contract of living together which is renewed every day
by the parties and can be terminated by either of the parties without consent of the other party
and one party can walk out at will at any time.
Unlike some western countries such as USA and Australia, India does not yet have clear well
defined laws on live-in-relationships, though the Hindu Marriage Act, 1955, provides legitimacy
to a child born out of such an arrangement, by establishing their succession and property rights.
Indian law at the moment is more concerned with preventing traversity of justice in such cases
and has not taken a clear stand of either appreciating or condoning Live-in relationships.

Here is a brief anecdote of case laws pertaining to Live in relationships in India.

 Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others the high
court of Allahabad ruled out that a lady of about 21 years of age being a major, has right
to go any where and that anyone, man and woman even without getting married can live
together if they wish.
Lata Singh Vs. State of U.P, the apex court held that live-in-relationship is permissible
only in unmarried major persons of heterogeneous sex.
Radhika Vs. State of M.P, the apex court held that a man and woman involved in live-in-
relationship for a long period will be treated as a married couple and their child would
be called legitimate.
Abhijit Bhikaseth Vs.State of Maharashtra, the apex court held that it is not necessary for
woman to strictly establish the marriage to claim maintenance under sec. 125 of Cr.P.C.
A woman living in live-in-relationship may also claim maintenance under Sec.125
Cr.PC.
Chellamma v Tillamma the SC gave the status of wife to the partner of live-in-
relationship.
Madan Mohan Singh Vs.Rajni Kant, the apex court held that live-in-relationship
continued for long time, cannot be termed in as walk in and walk out relationship and
there is a presumption of marriage between the parties.
Supreme Court Judgement on 13 April 2015 by the bench consisting of Justice MY Eqbal
and Justice Amitava Roy, the Court ruled out that couples living in live-in-relationships
will be presumed legally married.The apex court also said that in case the man dies, then
his partner would inherit his property. Since 2010, the Supreme Court has ruled in
favour of women declaring that women should get the rights as that of a wife, in case of
live-in couples.

Summary
So as we can clearly see from the context of live in relationships in India,the dominant paradigm
of the institution of Marriage has been challenged. As we hear about rising incidences of
divorces and couples walking out of unhappy marriages, children suffering due to failed
marriages, people now feel empowered by options such as Live-in Relationships.

In summary, Live-in relationships are an social evolutionary response to meet the demands of
changing times. For some people live-ins is a lifeline for feeling liberated but more importantly
for the society bleeding under the social, financial and emotional impact of failed marriages this
seems to be a ray of hope. As has always been in history from time-to-time old dominant
paradigms(Marriage) are sometimes challenged so fundamentally that they give rise to new
paradigms and Live-in Relationships seem to be the new paradigm of this new world order.

Reference: Judgment examples by Rajesh Hitangi on www.legalserviceindia.com