Legal Position of Live-in Relationship in India |
Live-in relationships are a relatively novel concept in the Indian context, but our generation is undeniably more welcoming to the idea of getting. Supreme Court's Efforts to Mitigate the Stigma Associated With Live In Relationship. Earlier last year, the Supreme Court of India had thrown its. Live-in Relationships are not illegal in India. Though the same does not command as much respect. Most people of previous generations look.
In some jurisdiction, live in relationships are viewed legally as common law marriage — it may be applicable after the duration of a pre-specified period, or after the birth of a child, or for certain other legally defined reasons.
Supreme Court frames guidelines for determining live-in relationship
Live in relationships in India In India, live in relationships have been a taboo right since the British raj. However, this is no longer entirely true amongst young couples in big cities like Bangalore, Mumbai, Delhi, etc. The government, however, has been taking various measures for the past few years especially after the intervention from the judiciary to protect the interest of female live in partners.
In one such move, the government had extended economic rights to women in live in relation under the Protection of Women from Domestic Violence Act In the same year, the Ministry of Women and Child Development was urged by the National Commission of Woman to include female live in partners in the definition of wife as described in the Section of Cr PC.
The objective of this recommendations was to harmonize various other sections of law with the Protection of Women from Domestic Violence Act, Justice Malimath Committee of the Supreme Court recommended that this be turn into a law by all states. In the Payal Katara v.
In another case just two years later, Supreme Court ruled that if an unmaried couple of opposite sexes live together for a prolonged period of time, they can be considered as man and wife.
Also, their child, if any, would be legitimate. Live in relation in other countries Scotland: The Family Law Act, for the first time officially identified and legalized cohabitation in Scotland. In case of such a relationship breaks, a cohabitant enjoys the rights to apply for financial support under section It can therefore be argued that it would be mistaken to see the Act as conferring some sort of a legal status upon nonmarital relations.
What it undoubtedly does is to acknowledge the existence of such relationships and the right of women in such relations to protection from violence. Justice Mallimath Committee as well as the Law Commission of India states that if a woman has been in a live-in-relationship for a reasonable period, she should enjoy the legal rights of the wife."लिव इन रिलेशनशिप कानून क्या है" Live in Relationship in Hindi
C so that a woman in live-in-relationship can get the status of a wife. But there is a lack of consistency in the recommendations of the Committee. If all the recommendations of the committee were implemented, a woman can simultaneously seek maintenance under Section of the Cr.
C and be charged with adultery under Section of the IPC. Indian Judicial Treatment of Live-in-Relationships Indian judiciary is neither expressly encouraging nor prohibiting such kind of live-in- relationships in India. The judiciary is only rendering justice in accordance with law in a particular case. The main concern of the judiciary is to prevent the miscarriage of justice. The judiciary in deciding the cases keeps in mind the social mores and constitutional values.
The Delhi High Court rejected both these contentions regarding the constitutional status of the Act. In, 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.
In Patel and others case the apex court observed that live- in —relationship between two adult without formal marriage cannot be construed as an offence. In Lata Singh Vs.
In Abhijit Bhikaseth Auti v. State Of Maharashtra and Others on A woman living in live-in-relationship may also claim maintenance under Sec. In Chellamma v Tillamma the SC gave the status of wife to the partner of live-in-relationship. This may be regarded as immoral by society, but is not illegal. There is a difference between law and morality. The bench went one step ahead and observed that the children born to such a parent would be called legitimate.
One advantage of the ruling is that it would not only deter the couple to take hasty decision of splitting each other but also would encourage the couple to produce their offspring, who were earlier afraid of regarding their future in case of their break-up. This attitude of the court could clearly be inferred that it is in favour of treating the long term living relationship as marriage rather than branding it as new concept like live-in-relationship. In Khushboo case the apex court observed that the stress must laid on the need to tolerate unpopular views in the socio- cultural space.
While there could be no doubt that in India, marriage is an important social institution; people must also keep their minds open to the fact that there are certain individuals or groups who do not hold the same view. To be sure, there are some indigenous groups within our country wherein sexual relations outside the marital setting are accepted as a normal occurrence.
What It’s Like To Be In A Live-In Relationship In India
A three judge bench said that when two adult people want to live together, what is the offence? Does it amount to an offence? Living together is not an offence. Living together is a fundamental right under Article 21 of the Constitution of India. Patchaiammal case, the appellant had alleged that he was married according to the Hindu Customary Rites with one Lakshmi. Patchaiammal filed a petition under Section Cr. It was alleged that the appellant deserted the respondent.
The respondent alleged that she did not have any kind of livelihood and she was unable to maintain herself, whereas appellant is a Secondary Grade Teacher drawing a salary of Rs. Hence it was prayed that the appellant be directed to pay Rs. Thus it was the own case of the respondent that the appellant left her in or i.
It is important to note that the respondent had filed the maintenance petition after twelve years of her desertion by the appellant. The lower Family Court had held that the appellant was married to the respondent and not to Lakshmi. These findings have been upheld by the High Court in the impugned judgment.
There is also no finding in the judgment of the learned Family Court Judge on the question whether the appellant and respondent had lived together for a reasonably long period of time in a relationship which was in the nature of marriage. The apex court opined that such findings were essential to decide the case. Hence it set aside the impugned judgment of the High Court and Family Court Judge, Coimbatore and remanded the matter to the Family Court Judge to decide the matter afresh in accordance with law.
The judges in the case observed that: India has witnessed a drastic change in the way the present generation perceive their relationships.
The taboo that used to haunt partners in live-in relationships has also started to fade away with society opening up about the idea of pre-marital sex and live-in relationships.
This improved mindset is a result of freedom, privacy, profession, education and also globalisation. Moreover, for most of us — it is not an escape from responsibilities but a way to understand our partner and to check if at all we are compatibility.
A live-in relationship not only gives the couple an opportunity to know the partner without having to engage into a legally binding relationship but also excludes the chaos of family drama and lengthy court procedures in case the couple decides to break up. It involves continuous cohabitation between the partners without any responsibilities or obligations towards one another.
There is no law tying them together, and consequently, either of the partners can walk out of the relationship, as and when they want. How is live-in defined under Indian Law? The Supreme Court in Indra Sarma vs. Sarma defined live-in relationships in five distinct ways- A domestic cohabitation between an adult unmarried male and an adult unmarried female. This is the simplest kind of relationship.
A domestic cohabitation between a married man and an adult unmarried woman entered mutually. A domestic cohabitation between an adult unmarried man and a married woman entered mutually.
These two are the most complex grey areas of acknowledging live-in relationship.
Cohabitation in India - Wikipedia
Furthermore, the second type of relationship mentioned is adultery which is punishable under Indian Penal Code. A domestic cohabitation between an unmarried adult female and a married male entered unknowingly is punishable under Indian Penal Code as well.
A domestic cohabitation between two homosexual partners, which cannot lead to a marital relationship in India as no marital laws against homosexuality are defined yet.