In this blog, we will see what is a live-in relationship, what does live-in relationship in India means, how does the Indian law for a live-in relationship defines it, and also the legal provisions.
What is a live-in relationship?
A live-in relationship is a relationship between unmarried couples who live together in a long-term arrangement that resembles a marriage.
What does a live-in relationship mean in India?
The Supreme Court and Indian Constitution say that if you are above the age of 18 years, you can choose to cohabit with a partner of your choice. One need not follow strict rules while in a live-in relationship.
While this is an accepted norm in other countries, it is still a new phenomenon in India. One of the reasons why couples today prefer live-in relationships before committing themselves to a marriage is to analyze and check if they are compatible with each other. They believe a live-in relationship helps in learning about themselves and each other.
However, in a society like ours, which considers marriage as a sacred institution, there has been fierce opposition to live-in relationships.
There are several questions that the judiciary faces. Questions like:
Whether the provisions of the marriage laws like the Hindu Marriage Act, the Muslim Marriage Act, and the Special Marriage Act are applicable to live-in relationships:
It can be categorically stated that the provisions of the marriage laws like the Hindu Marriage Act, the Muslim Marriage Act, and the Special Marriage Act are not applicable to live-in relationships. Unlike marriages, in live-in relationships couples live together under the same roof but are not married to each other. Live-in relationship couples are not required to go through the procedures that married couples have to go through as per the provisions of the aforementioned marriage laws.
Whether children born out of live-in relationships are considered to be illegitimate:
The Supreme Court in the case of Tulsa v. Durghatiya, (AIR 2008 SC 1193), awarded legal status to the children born from a live-in relationship. Having said that the court also mentioned that the couple should have lived under a roof for a reasonable amount of time. The court held that a child born out of cohabitation was not to be treated as illegitimate. In the case of Dimple Gupta v. Rajiv Gupta (AIR 2008 SC 239), the Supreme Court held that children born out of live-in relationships were eligible for maintenance from the biological father. Therefore, it can be inferred here that the court sought to give children born out of live-in relationships the same rights that children born out of marriage.
Whether women in live-in relationships have a right to maintenance:
The judiciary had given out several judgments in favor of maintenance for women in live-in relationships. A bench of Justices in a recent case held that cohabitation of a couple would give rise to the presumption of a valid marriage and if a live-in relationship breaks down, the man is bound to pay maintenance to the women.
The provisions of Sec. 125 of the Code of Criminal Procedure provide for maintenance for women in case she is unable to maintain themselves. The aforementioned section was later extended to women in live-in relationships as the section gave birth to a presumption that if a woman had been in a live-in relationship for a considerable period of time, she is eligible for privileges as that of a spouse and can claim maintenance under the provisions of Sec. 125 of Criminal Procedure Code. Therefore, it can be presumed that women in live-in relationships are eligible for maintenance as that of women in marriage.
What is a live-in relationship agreement?
A live-in Relationship agreement is made when a couple lives together and it describes their liberty and responsibility during the relationship and after its end.
These particular points are written in this agreement:
1. What happens about the property and other valuable things when the relationship ends?
2. How do they share their living and daily costs?
3. Their Responsibility for each other.
4. How do they split (personal item, asset, and other things) if the relationship breaks down?
A live-in relationship agreement is cancelled when both agree to cancel it.
In agreement, many other things are also included that are decided by the couple. The agreement is valid when both agree to follow the conditions written on the agreement and Sign on it.
Indian society is known for its fierce conservatism. Ours is a society that considers marriage as a sacred institution and detests the idea of live-in relationships, which is increasing in its prevalence. There have been several arguments made for and against live-in relationships. It will take time for both the society and the legislature to accept the idea of live-in relationships.
Still, have any legal doubt, contact the Legal Experts of AapkaConsultant.com
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