Courts navigate legalities of live-in relationships to ensure fairness

New Delhi, Aug 6:  The shifting currents of time and evolving societal dynamics have led to a transformation in the types of relationships individuals engage in. While traditional marriage continues to hold its position, the idea of live-in relationships is progressively gaining traction within the fabric of society.

In contrast to the commitments of marriage, a live-in relationship lacks inherent legal complexities since it doesn't necessitate registration or divorce proceedings.

Nevertheless, it's not entirely devoid of regulation, as the courts have taken measures to address significant concerns and maintain a sense of fairness.

"The Indian Constitution grants fundamental rights and freedoms to its citizens, including the right to freedom of speech and expression under Article 19, and the right to life under Article 21. These rights extend to the choice of residing with a partner and having a sexual relationship. However, it's important to note that these rights are not absolute," Advocate Shashank Dewan said.

Evolution has significantly influenced global mindsets. The concept of live-in relationships was long forsaken in Indian society, but this is changing. Although not expressly recognised by legislation, courts now seek to legalize such relationships, granting them rightful acceptance and recognition.

Speaking to IANS, Advocate Anant Malik said: "By implementing the provisions of The Hindu Marriage Act, 1955, Domestic Violence Act, 2005, a safety net has been provided for an aggrieved woman in such a relationship." 

"By invoking Article 21 (right to life) and Article 19 (right to freedom of speech and expression) of the Indian Constitution, the Supreme Court ruled in "S. Khushboo vs. Kanniammal" that a relationship between two consenting adults cannot be deemed illegal," said Advocate Kanika Kapoor.

Dewan added: "Similarly, in Lata Singh v. State of U.P. & Anr., AIR 2006 SC 2522, the Supreme Court observed that a live-in relationship between consenting adults of opposite sex is not an offense, except for adultery, even though it might be considered immoral."

These landmark legal judgements have significantly contributed to legal recognition and protection under laws such as the Domestic Violence Act, of 2005, and the Indian Penal Code, of 1860. 

While we are undoubtedly making positive strides in the legal realm, the pursuit of cultural acceptance presents an ongoing challenge that requires consistent efforts and time.

For a live-in relationship to be considered valid, as determined in Velusamy v. D. Patchaiammal, the Hon’ble Supreme Court laid down certain prerequisites that must be met, such as holding themselves out as spouses and being of legal age to marry or qualified to enter into a legal marriage, Dewan told us.

"In the case of Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755, the Supreme Court stated that live-in or marriage-like relationships are neither crimes nor sins, although they may not be socially acceptable in the country. The decision to marry or have a heterosexual relationship is a personal matter," he said.

The judiciary's practical stance on live-in relationships is a positive move towards societal approval. Yet, legislative measures are essential to safeguard the rights and concerns of partners in these relationships, encompassing matters like property and custody rights for children.

Regarding maintenance post-separation, Dewan told us that Section 125 CrPC allows a wife to claim maintenance from her husband, even if they have not undergone the legal formalities of marriage, as observed in Chanmuniya v. Virendra Kumar Singh Kushwaha 2011 1 SCC 141.

Citing apex court's ruling in 2015's "Indra Sarma vs V.K.V Sarma" case, Kapoor told us that women in long-term live-in relationships are entitled to maintenance post-separation.

"In June 2022, the apex court in Kattukandi Edathil Krishnan & Anr. v. Kattukandi Edathil Valsan and Ors. even ruled that children born to partners in live-in relationships can be considered legitimate. This is conditional in a way that the relationship needs to be long term and not of 'Walk in Walk Out nature," Malik told.

Yet there are cases wherein the couples seek legal protection in view of the threats received by them from their families as the label of this union is still considered a taboo by many. 

"Since there is no specific code on such unions, there is a gray area pertaining to several aspects such as legality of same sex live-in relationships, property inheritance right of the two partners, protection from intimate sexual partner violence, etc. to name a few. Until such questions are addressed, the freedom that comes with this union can be misused and anybody can go scot free," Malik said.