INTRODUCTION

A live-in relationship, known as cohabitation in some countries, refers to a situation where two individuals, who are romantically and sexually involved, choose to live together without getting married. Since the legalization of live-in relationships in India, understanding the responsibilities and obligations that come with such an arrangement has become increasingly important.

India has undergone significant cultural shifts, particularly in how the younger generation perceives relationships. With societal acceptance of live-in relationships gradually increasing, the stigma that once deterred people from considering this option is slowly diminishing. This change has been influenced by factors such as the right to freedom, privacy, professionalism, globalization, and education. Far from being an escape from responsibilities, a live-in relationship is often seen as a way to better understand one’s partner and assess compatibility, potentially preventing future divorces.

Live-in Relationships Under Indian Law

In the landmark case of Indra Sarma vs. V.K.V. Sarma (2013), the Honourable Supreme Court of India identified five distinct types of live-in relationships:

1. Domestic cohabitation between an unmarried man and an unmarried woman: This is the simplest and most straightforward form of live-in relationship.
2. Domestic cohabitation between an unmarried woman and a married man or an unmarried man and a married woman: These forms are more complex and, if entered into knowingly, can involve legal consequences such as adultery, which is punishable under the Indian Penal Code, 1860.
3. Domestic cohabitation between an unmarried woman and a married man, where the woman is unaware of the man’s marital status: This too is punishable under the Indian Penal Code, 1860.
4. Domestic cohabitation between same-sex partners: Although this type of relationship does not currently have the possibility of leading to marriage under Indian law, as no matrimonial laws exist for homosexual couples in India yet.

Legal Status of Live-in Relationships in India

In many Western countries, live-in relationships are more broadly accepted, often accompanied by legal agreements, civil unions, and prenuptial arrangements. In India, however, the situation is different. Although the Supreme Court has stated that cohabitation between a man and a woman is a matter of choice and falls under the right to life, making it legal, there is still no comprehensive legal framework governing live-in relationships.

Marriage vs. Live-in Relationships

Marriage in India is a legally and socially recognized institution that imposes specific rights, duties, and legal obligations on the partners. The diverse cultural landscape in India has led to the creation of various laws that guide the execution of marriages within different religions. To address disputes arising from marriages, different marriage laws have been established, and the Code of Criminal Procedure, 1973, under Section 125, provides for the maintenance of a wife who cannot support herself.

Live-in Relationships do not currently have a binding legal framework in India. If one partner wishes to end the relationship, there is no law that compels them to stay. While the concept of live-in relationships remains somewhat taboo in Indian society, the Protection of Women from Domestic Violence Act, 2005, does offer protection and maintenance rights to women in live-in relationships by treating them as relationships "in the nature of marriage."

Protection of Women and Children in Live-in Relationships

• Maintenance of the Female Partner: Although personal laws in India do not recognize live-in relationships, the courts have addressed this gap by expanding the scope of maintenance under the Code of Criminal Procedure, 1973. Section 125 provides a legal right to maintenance for women, whether they are married or in a live-in relationship.
• Domestic Violence: The Protection of Women from Domestic Violence Act, 2005, was established to protect women from abuse (mental, verbal, economic, and physical) within marital relationships. This act also extends protection to women in live-in relationships, recognizing them as "relationships in the nature of marriage."

Rights of Children Born Out of Live-in Relationships

• Legitimacy and Inheritance Rights: The Hindu Marriage Act, 1955, under Section 16, grants legitimacy and inheritance rights to children born out of both marriages and live-in relationships. These rights extend to both ancestral and self-acquired properties.
• Custody and Maintenance: Children born out of live-in relationships are entitled to maintenance under the same personal laws that apply to children born within marriages. However, this varies depending on the religion, as personal laws differ. For instance, under Muslim law, a father is not obligated to maintain a child born out of wedlock, whereas under Hindu law, the father must provide for the child’s maintenance. Section 125 of the Code of Criminal Procedure, 1973, offers a legal right of maintenance to children who cannot claim it under personal laws.

Conclusion

In conclusion, the concept and legal status of live-in relationships in India have evolved significantly over time, largely due to various judgments by the Honorable Supreme Court and other higher courts. Although there is no specific legislation governing live-in relationships, they are not considered illegal under Indian law. The Supreme Court has affirmed that two consenting adults living together is a matter of their right to life. To protect women and children in live-in relationships, the courts have classified them as "relationships in the nature of marriage" under the Protection of Women from Domestic Violence Act, 2005.

In the landmark case of Indra Sharma vs. K.V.K. Sharma (2013), the Supreme Court emphasized the need for effective legal protection for female partners and children born out of live-in relationships, recognizing the potential for vulnerability and dependency. While live-in relationships remain a personal matter with varying opinions, there is a growing need for proper legislation to provide security and uphold the rights of those involved.

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