What is a Live-In Relationship: An Overview
A Live-in relationship is a situation in which an unmarried couple shares a home together while maintaining a long-term relationship that resembles a marriage. In a way, it’s a type of arrangement where a man and a woman cohabitate without getting hitched. In Metropolitan Cities, this kind of relationship is now a viable alternative to marriage. Living together is easier for both partners than getting married because it relieves them of the responsibility. Women are frequently the party who feels discontent in such volatile relationships. Discover the rights of a female in a live-in relationship in this blog post.
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Is a Live-In Relationship Legal in India?
An unmarried couple who has lived together for a long time will be regarded as married and will have the same rights as a couple who has been legally wed, as per the Supreme Court (SC) on live-in relationship ruling in 2015. The decision was made during a property dispute hearing in which the family members argued that their grandfather’s partner was not actually his wife despite having lived with him for more than 20 years. She had no legal authority to be on their grandfather’s property and in turn, should not have any of the legal rights of a married woman in India, the family claimed.
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According to a quote from the Bench, citing earlier rulings, “It is well settled that the law
presumes in favour of marriage and against concubinage when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party, who seeks to deprive the relationship of legal origin.”
According to the Hindu Succession Act, Islamic Law, and Christian Personal Law, the live-in relationship act in India is not recognised. However, realising that there may be a chance for exploitation, the courts turn to Section 125 of the Criminal Procedure Code, which discusses women in live-in relationships’ legal right to maintenance.
What does the Law Say about Live-In Relationship Rules?
Section 2(f) of the Domestic Violence Act does not apply to all live-in relationships. According to the Supreme Court, certain requirements must be met for a relationship to qualify as a live-in relationship and be interpreted under this section:
- To get married, the couple must be of legal age.
- The couple residing together to get married or become spouses
- They must meet the requirements to get married legally.
- They must have lived together for a significant amount of time and involuntarily cohabited.
It had been a constant battle between moral behaviour and culture on the one hand, and the Apex court’s independently progressive rulings on the other. Indian society has developed over time and is still changing today. People change as time does, so the saying goes. But its ages-old customs and taboos continue to surround it. It is difficult for the population to decide and take a position when discussions become explosive if the word “live-in” is mentioned.
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Rights of Women in Live-In Relationships
The following are some live-in relationship rules and regulations granted by the Supreme Court of India to a girl for live in relationship:
1-Rights to maintenance
Following the recommendations of the Malimath Committee, Section 125 of the Criminal Procedure Code (CrPC) was added in 2003 to modify the definition of “wife” and expand it to include women who were living with someone. This ensured that her financial needs would be met if she were unable to support herself or if the relationship became estranged. Similar to married women, protection from all forms of abuse is guaranteed by the Domestic Violence Act, 2005.
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2. Property rights
The Hindu Succession Act of 1956 now protects women’s right to ancestral property following an amendment in 2005. Regardless of her marital status, living rights to a house give her rights to inherited and self-acquired property, including her son. Therefore, regardless of whether a woman is married or living with someone, she will inherit her parent’s property at birth, while the property she has acquired for herself will be divided per the will of the owner.
3 Rights of Inheritance for Children
According to a ruling by India’s Supreme Court (SC), a man and woman who live together for an extended period of time are regarded as married and are entitled to all legal rights, including the treatment of any children they have as legitimate. According to Section 16 of the Hindu Marriage Act, such children are entitled to the self-acquired property of their parents.
Children have the right to maintenance claims under CrPC Section 125, even if their parents’ personal laws do not provide for it. Even if the live-in partners are no longer together, they still have a responsibility to care for their kids.
In the case of Bharata Matha & Ors. vs. R. Vijaya Renganathan & Ors., the SC also decided that although a child born out of a live-in relationship may be allowed to inherit their parent’s property, they are not entitled to any claim on Hindu ancestor coparcenary property.
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4 Children’s custody rights
When partners leave a live-in relationship, child custody becomes a factor. As there are no special laws governing custody rights for children born in a live-in relationship, the courts handle those situations just like marriage. The courts will consider the minor’s welfare and determine custody in accordance with that, as it is of the utmost importance.
Children’s Rights to Property as Per the Live-In Relationship Rules
Children born to non-marital partners are treated as legitimate and are entitled to all property rights. Under Section 16 of the Hindu Marriage Act, they have the right to self-acquired family property. Even if the live-in parties involved are no longer together, the parents are still responsible for the upkeep of the kids. If they are subject to Muslim law, the parent is not obligated to comply with any such obligations, whereas under Hindu law, the father is required to pay for the maintenance. However, even iftheir personal law doesn’t favour them, children can always request maintenance under Section 125 of the Criminal Procedures Code. A court official of the first class may, upon evidence of such carelessness or refusal, order such person to make financial assistance for the child if the parent neglects to maintain his or her wife who is incapable of maintaining herself or his illegitimate child (who is not a married daughter) who has reached adulthood and who is incapable of maintaining itself due to any physical or mental abnormality or injury.
Also, keep in mind that a short-term relationship or children born after it cannot be given marriage sanctity. A “walk in and walk out” partnership will not be regarded as a live-in relationship, the SC stated in a 2010 ruling. The Hindu Succession Act states that although children born outside of wedlock are not eligible to succeed their fathers, they are still considered to be associated with their mothers and through her, other rightful descendants who are eligible to inherit from her as well as from him/her. The father’s ancestral property does not belong to a child born outside of marriage, nor does it belong to a coparcenary in a joint family, but the father may decide to give the child a share that is equal to the share he gives his other children. Children born in a long-term live-in partnership will be treated as legitimate in every way, but he or she cannot enforce a partition.
Live-In Relationship Rules as Per the Indian Trust Act of 1882
If her husband establishes such a trust in accordance with Section 3 of the Act, a married woman may serve as trustee of her husband’s property. Of course, children will be the trust’s primary beneficiaries. In the case of immovable property, section 5 states that the declaration of trust must be made through a will or non-testamental writing that is signed by the trust author or trustee and registered. If ownership or possession of the property is transferred to the trustee, the trust is valid for movable property. No trust may be revoked by the trust’s creator in a way that would undermine or impair anything the trustee may have done correctly in carrying out the trust, according to Section 79.
Since the couple in the former situation chooses to live together without being bound by any legal obligations, we cannot accord the woman in the live-in relationship the same status as that of a legally wedded wife. They are not legally bound to each other, so they are free to break up at any time. This is the fundamental tenet of a cohabiting relationship. The Allahabad High Court ruled in Malti v. State of Uttar Pradesh that a woman cohabiting with a man was not the same as his wife. A dispute between the best interest of the wife and the live-in partner would result if the rights of a wife, as well as a live-in partner, were made equal. Therefore, one cannot absolve themselves of all obligations and then assert their rights.
This idea is comparable to burdensome gifts under the Transfer of Property Act, where the donee is required to accept the gift in its entirety. He cannot accept a beneficial one and reject the one that imposes obligations. As another example, consider the Constitution, which grants us rights but it also imposes obligations on us. Both are interdependent. A perfect right is one that entails a perfect obligation. Duty and obligation may be related. Every right entails a duty toward someone. Similar to how a duty cannot exist without a corresponding right, neither can a right exist without a corresponding duty.
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The rights of a female in a live-in relationship are as mentioned above. We must always keep in mind that the rights of others cannot be trumped by our religious or cultural convictions. We cannot demand that others forgo their rights in order to enforce our beliefs. Though such recognition comes without any rights or obligations because there are no laws that regulate the legal status of live-in relationships in India, the recent judgement of the Apex court has served as a constant reminder that violating an individual’s rights in the name of heritage is only an attempt to weaponize culture. Have more queries? Get a legal expert with NoBroker Legal Services and easily resolve all your law queries. Our best legal expert will ensure you have all your queries resolved in the easiest way possible.
FAQs
1. Do unmarried couples in India have rights?
The Supreme Court has ruled that same-sex couples and unmarried couples are entitled to legal protection as well as the benefits provided by social welfare legislation, highlighting the fact that non-traditional families cannot be endangered by obeying the letter of the law.
2. Can my girlfriend and I live together in India?
The Supreme Court ruled that under Article 21 of the Indian Constitution, a living relationship is covered by the right to life. The Court further ruled that live-in relations are acceptable and that it is not illegal or unlawful for two adults to live together.
3. Is it illegal to kiss in public in India?
Public displays of affection (PDAs) are illegal if they appear obscene to onlookers. The same is a violation of section 294 of the Indian Penal Code.
4. Is it legal for an unmarried couple to stay in an Indian hotel?
Yes. There is no law for unmarried couples in India that forbids a pair from staying at a hotel. The hotel owners or managers may, at their discretion, allow a couple to check-in.
5. What happens if my companion passes away but we are not married?
Without a will, the deceased’s assets pass to their family upon the death of an unmarried partner, potentially leaving the surviving partner with nothing. Without a will, the inheritance is governed by intestacy laws. These laws typically instruct the court to divide the property according to kinship.
