Introduction :
In recent years, live-in relationships have become increasingly common and accepted among couples. For a couple to enter into a live-in relationship, both individuals must be of legal age and provide mutual consent. Despite this growing acceptance, live-in relationships still face societal resistance in several states. However, the courts in India have recognized these relationships and extended protection to ensure the rights of individuals in such arrangements are safeguarded. This blog explores the legal status of live-in relationships in India, the rights of partners, and key judgments that have shaped the legal landscape.
1. What is a Live-in Relationship?
A live-in relationship refers to an arrangement where an unmarried couple decides to live together as a couple without formalizing their relationship through marriage. This arrangement is a personal choice, often based on practical, financial, or personal reasons, and can differ in terms of how long or committed the relationship is. However, unlike marriage, live-in relationships have no formal legal status, leaving them in a gray area under Indian law.
a. Legal Status of Live-in Relationships in India: Laws, Provisions, and Protections :
Live-in relationships have increasingly gained recognition and legal protection in India over the years, despite remaining unconventional in some societal circles. Although there is no specific legislation governing live-in relationships, the judiciary has provided several protections to ensure that individuals in these relationships are safeguarded. Below are the key laws, provisions, and judicial interpretations that define and protect the legal status of live-in relationships in India.
b. Constitutional Right to Personal Liberty and Privacy :
The Indian Constitution guarantees the Right to Life and Personal Liberty under Article 21, which has been interpreted to include the right of consenting adults to live with a partner of their choice. In recent years, the judiciary has reinforced this right, acknowledging that two adults have the freedom to cohabit without interference.
Relevant Judgments:
S. Khushboo v. Kanniammal & Anr. (2010): The Supreme Court ruled that live-in relationships are neither illegal nor immoral, provided they involve consenting adults. This ruling strengthened the view that live-in relationships are protected under the right to personal liberty.
2. Protection of Women from Domestic Violence Act, 2005 (PWDVA)
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was a progressive step in extending legal protection to women, not just in marital relationships but also in relationships “akin to marriage.” Under Section 2(f) of the Act, “domestic relationships” include relationships between two people who live together in a shared household as a couple. This includes live-in relationships where the partners cohabit in a marriage-like relationship.
Protections under the Act:
Women in live-in relationships are entitled to seek protection from domestic violence, which includes physical, emotional, or financial abuse. They can apply for maintenance, residence orders, compensation, and other reliefs under the Act, similar to women in traditional marriages.
Relevant Judgments:
D. Velusamy v. D. Patchaiammal (2010): The Supreme Court clarified that not all live-in relationships qualify for protection under the Domestic Violence Act. Only relationships “in the nature of marriage,” which meet specific criteria (such as long-term commitment and mutual obligations), are protected.
3. Maintenance Rights under Section 125 of the Code of Criminal Procedure, 1973
Although Section 125 of the Code of Criminal Procedure (CrPC) primarily addresses maintenance for wives, children, and parents, Indian courts have extended its scope to women in live-in relationships that resemble marriage. This provision aims to prevent destitution by mandating maintenance for a woman if she has been in a relationship akin to marriage with the man.
Relevant Judgments:
Chanmuniya v. Virendra Kumar Singh Kushwaha (2011): The Supreme Court ruled that women in long-term live-in relationships resembling marriage are entitled to maintenance under Section 125 of CrPC, as the intent of the law is to prevent neglect or destitution.
4. Legitimacy and Inheritance Rights of Children Born from Live-in Relationships
Children born from live-in relationships are considered legitimate under Indian law, ensuring they have legal rights and protection, particularly concerning inheritance from their parents. Under Section 16 of the Hindu Marriage Act, 1955, children born out of wedlock are entitled to inherit from their parents’ self-acquired property, though not from the joint family property.
Relevant Judgments:
Tulsa v. Durghatiya (2008): The Supreme Court ruled that children born out of a live-in relationship are legitimate and entitled to inherit their parents’ property.
Revanasiddappa v. Mallikarjun (2011): The court expanded on this by stating that the birth status of a child does not affect inheritance rights, emphasizing that children from live-in relationships should not face discrimination.
5. Presumption of Marriage under the Indian Evidence Act, 1872
The Indian Evidence Act, 1872 allows a presumption of marriage if a man and woman have cohabited for a significant period and have presented themselves to society as a married couple. While this does not directly confer marriage status, it implies a relationship akin to marriage, granting certain rights.
Relevant Judgments:
Badri Prasad v. Dy. Director of Consolidation (1978): The Supreme Court held that a live-in relationship that has existed for a long duration is presumed to be a valid marriage, provided that the couple lived as husband and wife, which protected the woman’s rights in the relationship.
Lata Singh v. State of UP (2006): The court recognized the validity of live-in relationships for adults and observed that consensual relationships between adults do not constitute a criminal offense, thus reinforcing the right of adults to live together without the need for formal marriage.
- Special Marriage Act, 1954
Although the Special Marriage Act, 1954 does not explicitly cover live-in relationships, it enables couples to formalize their union through a civil marriage without changing their religious affiliations. Many couples in long-term live-in relationships opt to register their marriage under this Act, especially when they wish to secure legal recognition.
Purpose of the Act:
The Special Marriage Act provides a legal framework for interfaith and secular marriages, allowing live-in couples a pathway to formalize their relationship if they wish to gain additional legal protection.
6. Our Vedas permitted live-in relationships
Let us see the concept of “Live-in relationships” in ways where we were not aware of. Live-in relationship might be a new term but the concept is ancient. In ancient India, the Vedas, which are among the oldest sacred texts of Hinduism, provide insights into different forms of relationships, including forms that resemble today’s concept of live-in relationships. While the idea of a “live-in relationship” as it exists today is modern, there were comparable arrangements in ancient times where couples cohabited without formal marriage, especially within the Vedic and post-Vedic cultural contexts.
a. The Concept of “Gandharva Vivaha” (Gandharva Marriage) :
Among the various forms of marriage described in Hindu tradition, the Gandharva Vivaha is closest to the idea of a live-in relationship. The Gandharva Vivaha was a voluntary union of a man and woman based purely on mutual attraction and consent, without the presence of formal rituals or approval from family and society. This form of marriage emphasized love, attraction, and mutual respect as the sole basis of the relationship, rather than social or familial obligations. Couples could decide to live together without undergoing the formal rituals of marriage.
b. Reference in the Manusmriti and Vedic Texts :
In texts like the Manusmriti, Gandharva Vivaha was recognized as a valid form of union, especially for the Kshatriya (warrior) class. It is described as an accepted practice where the natural inclination of the couple took precedence, and no formal wedding ceremony was necessary. The concept of Gandharva Vivaha shows that Vedic society acknowledged unions based on mutual consent and attraction, hinting at a broader view of relationships where marriage rituals were not always a necessity.
c. Acknowledgment of Different Types of Relationships :
The Vedas and related texts classify marriage and partnerships into various types based on the intention and method of union, such as Brahma Vivaha (marriage through family approval and formal ceremony), Arsha Vivaha (marriage involving gifts to the bride’s family), and Gandharva Vivaha, among others. The acknowledgment of diverse forms of unions demonstrates that ancient Indian society did not strictly mandate one form of relationship and instead recognized the legitimacy of various forms of partnerships, as long as they were based on mutual agreement and respect.
d. Rigveda’s Approach to Partnership and Cohabitation :
The Rigveda, one of the oldest Vedic texts, contains hymns that discuss the union of couples based on affection, companionship, and mutual respect. Although the text does not directly speak about “live-in” relationships, it does reflect a society where relationships were based on mutual desires and personal choice, and where the emphasis was on companionship over rigid structures. Certain hymns describe the concept of companionship and partnership beyond formal marriage. The Rigveda does not explicitly demand a marriage ceremony for a union to be respected, emphasizing the fluidity with which ancient society viewed personal relationships.
Examples from Vedic and Puranic Stories
Several stories and legends from Vedic and Puranic literature provide examples of relationships resembling live-in arrangements. These stories reflect the acceptance of unions based on mutual attraction, personal consent, and emotional connection rather than ceremonial bonds:
- Shakuntala and Dushyanta: In the Mahabharata, Shakuntala and King Dushyanta are believed to have entered into a Gandharva union, where they cohabited as a couple based on mutual affection. Although not formally married initially, their relationship was accepted as legitimate.
- Pururavas and Urvashi: The legend of King Pururavas and the celestial nymph Urvashi is another example of a relationship based on mutual attraction without formal marriage rituals. They lived together and shared an intimate relationship based on personal connection and emotional attachment.
e. Individual Choice and Personal Liberty in Vedic Culture :
Vedic society respected individual choice and allowed for personal freedom in relationships. The concept of Dharma (righteousness or duty) included respecting the will and consent of individuals, and there was no explicit condemnation of consensual unions that didn’t follow formal marriage. The presence of different marriage types reflects that the society was relatively open to varying personal choices, and the recognition of relationships based on mutual affection (like Gandharva Vivaha) further shows that unions were valid as long as they were consensual and respected the dignity of both partners.
f. Influence on Modern Perception of Live-in Relationships :
Ancient Vedic practices show that traditional Indian culture was not as rigid about marriage and relationships as is often believed. The concept of Gandharva Vivaha and other similar unions highlight that mutual respect and personal connection were prioritized over social approval or ceremonial formalities. In modern times, the acceptance of live-in relationships reflects a revival of this ancient respect for individual choice in partnerships. Courts in India have referenced the Gandharva form of union in recognizing the rights of couples in live-in relationships, showing that these ancient practices continue to shape contemporary legal perspectives.
Conclusion
The evolution of live-in relationships in India reflects a blend of ancient acceptance and modern legal recognition. While societal acceptance of these relationships varies, Indian law, through court interpretations and existing legal provisions, has moved towards protecting the rights and dignity of individuals in live-in partnerships. The acknowledgment of diverse forms of relationships in Vedic texts, like Gandharva Vivaha, indicates that Indian culture historically valued mutual consent and personal liberty in partnerships. Today, the judiciary continues to uphold these principles, recognizing live-in relationships as valid arrangements with associated rights and protections. As societal norms continue to evolve, these legal frameworks are likely to adapt further, providing comprehensive support for individuals in diverse forms of relationships.
Disclaimer:
The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the content, Bisani Legal and its representatives are not responsible for any errors or omissions, or for any outcomes resulting from reliance on this information. Readers are advised to consult a qualified legal professional for specific legal guidance related to their individual property matters. The use of this article does not establish an attorney-client relationship between the reader and Bisani Legal.
Published by: Mr. Saket bisani
Date: 22/01/2025
