Guest Post - Live-in Relationship-A Socio-Legal Taboo?


There are no specific laws that target live-in relationships, their guidelines are often found in precedents. Women’s rights under domestic violence act of 2005 are an example of this. Live-in relations are not recognised under The Hindu Marriage Act of 1995, The Criminal Procedure Code of 1973 or The Indian Succession Act of 1925, but the expression ‘Relationship in the nature of marriage’ is mentioned under the definition of ‘domestic relation’ which is defined in the Protection of women from Domestic violence Act, 2005 which is used in passing judgments regarding domestic violence cases in live-in relations.

Section 2[f] of the Domestic Violence Act, 2005 states:

“Domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.”

By adding the phrase ‘relationship in the nature of marriage’ to the Domestic Violence Act of 2005, the act acknowledges live-in relationships which is often left to the interpretation of the court and gives rights to women in a relationship with a man by considering their status as something similar to a wife but not the same.

The first landmark judgment where the court upheld live in relations as a valid form of relationship or ‘valid marriage’, which led to the inclusion of it in the Domestic Violence Act, 2005 is:

Badri Prasad vs. Dy Director of Consolidation, 1978[1]This was the first case in which a live-in relationship was interpreted as a ‘valid marriage’ and was recognised by the law. It gave validity to a 50-year long live in the relation of a couple. The judgment was given by Justice Krishna Iyer in which he stated that a strong probability of wedlock rises when a couple has been living together like husband and wife for a long time. Although this presumption can be rebutted as a heavyweight lies on the person who is depriving the relationship of its legal origin. Law sides towards the favor of legitimacy.


Live-in Relationships – A Social Taboo

Relationship dynamics have shown a complete shift in the new millennium. As opposed to the older norms of cohabitation after marriage, younger couples are now taking the plunge straight into living together without having to tie the knot. Marriage has always been acknowledged as a way of making a relationship official lawfully with the consent of the parents of the people involved. But nowadays couples have started to test their compatibility before getting married by living together prior to making any legal commitments. Whereas, some couples forgo the idea of marriage altogether and decide to cohabitate as they already share a life, and thus they can also escape the legal/family burden and complications that arise with the idea of marriage. In India, live-in relationships are a fairly new concept and therefore not as welcomed by the people. Live-in relationships, though not being illegal, is still considered to be a social taboo. According to traditional Indian culture, pre-marital sex and cohabitation are considered to be an offence and marriage is the only destination allotted to a successful and righteous relation. This is one of the main reasons as to why live-in relationships are still not completely socially accepted in India.

Even though the society advocates that live-in relationships are immoral, Indian precedents lead us to believe otherwise. Indian Courts have time and again highlighted that the immorality associated with such kind of relationships does not affect the legality of these relationships. There are no prevailing laws directed towards live-in relationships, however, the Indian courts have shed some light to clarify it by including it in existing legislations through various judgments bestowing it with some rights and obligations that married couples are awarded. Some important judgments that have been passed by the courts on the subject of live-in relationships are listed below:

·       Payal Sharma vs. Superintendent, Nari Niketan, Agra, C.M. Hab. Corp. [2]- In 2001, the Bench consisting of Justice M. Katju and Justice R. B. Mishra of Allahabad High Court observed that “A man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but is not illegal. There is a difference between Law and Morality.”

·       Khushboo vs Kanniammal & Another[3]- On 28 April 2010 Special Bench of the Supreme Court of India consisting of K.G. Balakrishnan, Deepak Verma, B.S. Chauhan posed a question "If two people, man and a woman, want to live together, who can oppose them? What is the offence they commit here? This happens because of the cultural exchange between people.” The Supreme Court then went on to hold that Live In Relationships are permissible under and are a part of the right to life Art.21 of the Indian Constitution and is thus not a "criminal offence". 

·       Patel and others Case[4]- In this particular case, the Supreme Court observed that the two adults who are bound in a live-in Relationship without a formal marriage are not criminal offenders. No legislation has ever been enacted by the Indian Parliament which denounces any live-in Relationship as illegal. The above judgment was made applicable to Tulsa v. Durghatiya[5] by the Supreme Court and the rule that there would be a presumption of marriage u/S.114 when there has been long cohabitation was re-recognized.

·       Mohabhat Ali v. Md. Ibrahim Khan[6]- Their Lordships of the Privy Council laid down that: The law presumes in favour of marriage and against concubinage when a man and woman has cohabited continuously for a number of years.

Live-in Relationship- A Legal Taboo

The concept of live-in relationships can also be a legal taboo up to some extent as it is always in the eyes of law considered to be an institution ‘akin to marriage’ or ‘supposed marriage’. All the rights or laws regarding people in such relationships stems from the fact that it is a concept like marriage and not a form of relationship in itself. When live-in relationships were included in the definition of Domestic Relations in Domestic Violence Act, 2005; the legislature referred to it as ‘a relationship in the nature of marriage’. Even now, such relations are not given their own independent recognition legally. This can be perceived from recent judgments of Indian Courts where they have accorded the status of a child born to a couple in a live-in relationship as a child born out of marriage presuming the relationship to be in nature of marriage,

S.P.S. Balasubramanyam v. Suruttayan[7]- The Supreme Court held that “If a man and woman are living under the same roof and cohabiting for some years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate.”

Revanasiddappa & Anr. vs Mallikarjun & Ors[8]- A special Bench of the Supreme Court of India consisting of G.S. Singhvi, Asok Kumar Ganguly remarked that irrespective of the relationship between parents, the birth of a child has to be viewed independently of the relationship of the parents. It is as plain and clear as sunshine that a child born out of such a relationship is innocent and is entitled to all the rights and privileges available to children born out of valid marriages. This is the crux of Section 16(3) of the amended Hindu Marriage Act, 1955.

CONCLUSION

Owing to these judgments we can conclude how live-in relationships are not lawfully wrong but are yet scrutinised critically under the social and legal microscope.  The reason as to why the new generation prefers or inclines towards this arrangement prior to making a legally binding contract of marriage is perfectly justifiable and even efficient. As the times have changed and the paradigm of relations have drastically shifted from the older norms to the modern traditions, the society too needs to change their perspectives to fit these new circumstances and make them ‘the new normal’.

“Law takes its own time to articulate such social changes through a process of amendment. In a changing society, law cannot afford to remain static” -Hon’ble Justice A.K.Ganguly & G.S. Singhvi in Revanasiddappa & other vs Mallikarjun & others.

By,
Akshita Puri

Disclaimer- The views expressed in this article are solely those of the author herself and does not any way represent the views of LawVastutah. LawVastutah assumes no responsibility for statements and opinions advanced by the author. 


[1] AIR 1978 Sc 1557

[2] W.P. No. 16876/2001, MANU/UP/0288/2001 (All. H.C. May 17, 2001)

[3] (2010) 5 SCC 600.

[4] (2006) 8 SCC 726.

[5] Civil Appeal No. 648/2002 MANU/SC/0424/2008 (S.C. Jan. 15, 2008).

[6] AIR 1929 PC 135.

[7] AIR 1994 SC 133.

[8] AIR 1978 Sc 1557

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