A live-in relationship, also known as cohabitation, refers to an arrangement where two people who are not married live together in a long-term relationship that resembles a marriage. This type of relationship can involve shared responsibilities, emotional and physical intimacy, and often includes cohabitation for an extended period.
A live-in relationship, also
known as cohabitation, refers to an arrangement where two people who are not
married live together in a long-term relationship that resembles a marriage.
This type of relationship can involve shared responsibilities, emotional and
physical intimacy, and often includes cohabitation for an extended period.
Key Characteristics of Live-In Relationships
- Cohabitation:
The couple lives together under the same roof, sharing a home and often other
responsibilities like finances and household chores.
- Emotional
and Physical Intimacy: There is typically a romantic and/or sexual
relationship between the partners.
- Shared
Responsibilities: Partners may share financial obligations,
domestic responsibilities, and decision-making similar to a married couple.
- Duration:
The relationship is usually long-term, although there is no specific time frame
required to define it as a live-in relationship.
- Lack
of Formal Legal Recognition: Unlike marriage, live-in relationships
are not formally registered or legally recognized in the same way, though some
legal protections may apply.
- No
Formal Marriage: The couple is not legally married to each
other.
- Mutual
Consent: Both parties enter into the relationship voluntarily.
Legal Status in India
In India, live-in
relationships are not as formally recognized as marriages, but the legal system
has increasingly acknowledged them, especially in terms of protecting the
rights of the individuals involved.
Through decided cases,
Judiciary has made the following mandates:
- Legal
Protection: The Protection of Women from Domestic Violence Act,
2005, includes provisions for protecting women in live-in relationships from
abuse and violence, similar to those protections available to married women.
- Judicial
Recognition: The Supreme Court of India and various High
Courts have recognized live-in relationships, granting some rights and
protections to partners. For instance, in the case of Indra Sarma v. V.K.V.
Sarma (2013), the Supreme Court provided guidelines to determine whether a
live-in relationship qualifies for legal protection.
- Child
Rights: Children born out of live-in relationships are granted
legal recognition and rights similar to children born to married couples. They
have rights to maintenance and inheritance from their parents.
Key Judicial Pronouncements
1. S. Khushboo v. Kanniammal & Anr. (2010)
Facts:
This case involved the famous South Indian actress Khushboo, who faced multiple
criminal complaints for her comments supporting pre-marital sex and live-in
relationships.
Judgment:
The Supreme Court observed that living together without marriage cannot be
considered an offense. It held that live-in relationships are permissible and
fall under the ambit of the right to life and personal liberty under Article 21
of the Indian Constitution.
2. D. Velusamy v. D. Patchaiammal (2010)
Facts:
The issue was whether a woman in a live-in relationship could claim maintenance
under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).
Judgment:
The Supreme Court held that for a live-in relationship to be recognized under
the PWDVA, it must fulfill certain conditions:
- The couple must hold themselves out to society as being akin to spouses.
- They must be of legal age to marry.
- 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.
3. Indra Sarma v. V.K.V. Sarma (2013)
Facts:
This case dealt with the rights of a woman in a live-in relationship under the
PWDVA.
Judgment:
The Supreme Court laid down factors to determine the nature of the
relationship, such as:
- The duration of the relationship.
- Shared household.
- Pooling of resources and financial arrangements.
- Domestic arrangements and socialization in public.
- Intention and conduct of the parties.
Legal Rights of Partners in Live-In Relationships
- Maintenance:
Under the PWDVA, a woman in a live-in relationship may be entitled to
maintenance if the relationship meets the criteria set by the courts.
- Protection
from Domestic Violence: Partners in a live-in relationship can
seek protection under the PWDVA for domestic violence.
- Inheritance
Rights: Generally, partners in a live-in relationship do not
have automatic inheritance rights unless explicitly mentioned in a will.
- Custody
and Legitimacy of Children: Children born out of live-in
relationships are considered legitimate and have rights similar to children
born within wedlock, including the right to maintenance and inheritance.
Conclusion
Live-in relationships
reflect changing societal norms and the increasing acceptance of diverse
relationship structures. They offer an alternative to traditional marriage,
providing couples with the flexibility to live together without the formalities
and obligations of a legal marriage.
Frequently Asked Questions
Is a live-in relationship legal in India?
Yes, live-in relationships
are legal in India. The Supreme Court has recognized that living together
without marriage is not an offense and falls under the right to life and
personal liberty.
Can a woman in a live-in relationship claim maintenance?
Yes, a woman in a live-in
relationship can claim maintenance under the Protection of Women from Domestic
Violence Act, 2005, if the relationship meets certain criteria laid down by the
courts, such as the duration and nature of the relationship.
What rights do children born out of live-in relationships have?
Children born out of live-in
relationships are considered legitimate and have the same rights as children
born within wedlock. This includes rights to maintenance and inheritance.
Can partners in a live-in relationship seek protection from domestic violence?
Yes, partners in a live-in
relationship can seek protection from domestic violence under the Protection of
Women from Domestic Violence Act, 2005.
Are there any inheritance rights for partners in a live-in relationship?
Generally, partners in a
live-in relationship do not have automatic inheritance rights unless explicitly
mentioned in a will. However, children born out of such relationships have
inheritance rights.
What are the legal criteria for a relationship to be considered a live-in relationship?
According to the Supreme
Court, for a relationship to be considered a live-in relationship, it must
fulfill certain conditions:
- The couple must present themselves to society as being akin to spouses.
- Both parties must be of legal age to marry.
- Both parties must be otherwise qualified to enter into a legal marriage, meaning they must be unmarried.
- The couple must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period.
Can a live-in relationship be registered?
Currently, there is no legal
provision in India for the registration of live-in relationships. However, the
relationship can be legally recognized based on the circumstances and evidence
presented in court if required.
Can partners in a live-in relationship enter into a legal agreement?
Yes, partners in a live-in
relationship can enter into a legal agreement to define their rights and
responsibilities, including financial arrangements, property rights, and terms
for separation. Such agreements can provide legal clarity and protection for
both parties.
What happens if one partner wants to end the live-in relationship?
Since live-in relationships
are not legally binding like marriage, either partner can choose to end the
relationship without any formal legal proceedings. However, issues such as
custody of children, maintenance, and property division may need to be resolved
through mutual agreement or legal intervention.
How does the law view live-in relationships compared to marriage?
While live-in relationships
are recognized by law and certain protections are provided, they do not have
the same legal status as marriage. Marriage is a legally recognized and binding
contract with specific rights and obligations, whereas live-in relationships
are based on mutual consent without formal legal recognition.
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