LEGALITY OF LIVE-IN RELATIONSHIP

Legality of Live-In Relationship

So, marriage has been considered as a sacred act from the Vedic period. The concept of matrimony has evolved with time as a new term that has been there is the concept of Live-in-relationship. Legality of live-in relationship is a question in our country. Till now concept has not been accepted in our country still there has been problem facing these kind of situations. But if we take a look towards upcoming generation they are considering relationships more liberally. This article will help you know the legality of live-in relationship in India.

Live-in Relationship

Basically, the concept of Live-in-relationships has been adopted by numerous couples around the world but in India there is still time that people will understand this concept in more decent manner. As the concept of these relationship are basically when two people live together outside marriage to know each other without any sought of legal obligation towards each other are known as Live-in-relationship. But if we look there has been slow change in the Indian society towards its perspective but still there is long way to go.

 Although if we take look at the legality of live in relationships still there is ambiguity in the mind of the people that whether these relationships are legal or illegal in India. Basically, the reason why people are choosing the concept of Live-in-relationship is because to get to know each other in a manner so that there should be less divorce. Because people nowadays are impatient in comparison with earlier times. 

Prevailing Problems

But still there are cases where undue advantages have been taken by the boy due to which there are times when incidents reported that child has been born out of such relationship. Sometimes the boy refuses to marry that girl after promising her, so there has been gross misuse of Live-in-relationship. 

This article will focus on judicial responses towards the concept of Legality of Live-in relationship. We will also talk about the rights of the partner who are in such relationship. And whether the child born under this relationship will be legitimate or not. 

 Legal Validity

So, the question that arises that whether there is any kind of law that has been situated with the following concept? So, the answer to this question is no as such no particular law has been situated with live-in relationship. That is, no rights and enactment to lay down the rights and commitments for the parties. There has been no legal definition which sites the proper definition of the Live-in-relationship. This way the lawful status of such relationship has not been verified in India. 

But if we look at various judgments of Supreme Court there are various cases that describes the legality of Live-in-relationship. But the main problem is that the law is still being unclear but still the misuse under these relationship can be prevented by both the partners under various legislation which are discussed as follow:

Maintenance of Lady Partner:

So, the concept of Right of Maintenance is only available to wives under various personal laws in India. But if we take a look at the religious aspect none of the religion recognizes or accept these relationships in the society but the law provides legal. 

Remedy to the women and they have widened or expanded the concept of Section 125 Criminal Procedure Code 1973. So, with the expansion of the following section now the lady partner can get the maintenance from husband whether in or out of the marriage.[1]Another concept that has been raised is when a partner those live together as husband and wife in that case a presumption would arise in favor of wedlock[2]

Domestic Violence:

So, the Domestic violence act 2005 has been evolved to protect the women who are suffering from any kind of violence whether mental or physical from husband or any of its relative. For the first time there has been amendment in the act and the legislature have also acknowledged  live-in-relationships.

 They are giving rights and protection to those females who are not legally marriage and they are living with the male individual akin to wife but however not equivalent to wife. As per the court they have cover the concept of Live-in relationships within the ambit of the expression under Section 2(f) of the Domestic violence act 2005. Basically, if we look at this step by the court, they provide certain rights to the female against the fraudulent marriage or bigamous relationships.

Legal Status of children born out of Live-in-Relationship:

So, for the first time the Supreme Court held the legitimacy of child born out of the live-in-relationship was basically in the case of S.P.S Balasubramanian v. Suruttayan[3]. The Supreme Court said “ 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”. Further the court interpreted the following statue and shows the conformity from Article 39(f) of the Constitution of India. 

If we take a look at the recent case Supreme Court in Tulsa v. Durghatiya [4]. It has held that a child born out of such relationship will no longer be considered as an illegitimate child. The important precondition for the same should be that the parents must have lived under one roof and cohabited for a significantly long time for the society to recognize them as husband and wife. It should not be a “walk-in and walk-out” relationship. [5]

Other Case Laws

In another case Bharatha Matha v. R. Vijaya Renganathan[6]. The Supreme Court held that a child born out of a live-in relationship may be allowed to inherit the property of the parents (if any). 

Therefore be given legitimacy in the eyes of law and similarly in case of Revan Siddappa v. Mallikarjun[7]. Which remarked that irrespective of the relationship between parents it is clear that the child born out of such relationship has been provided all rights as being provided to a child from valid marriage. So this is the crux of Section 16(3) of the amended Hindu Marriage Act 1955.

III. Landmark Judgments over the Years

•  Badri Prasad v. Dy. Director of Consolidation (1978)
• Tulsa &OR’s. v.  Durghatiya & OR’s. (2008)
• Veluswamy v. D. Patchaimmal (2010)
• Khushboo v. Kannaimmal &Anr. (2010)
• Indra Sarma v. V.K.V. Sarma (2013)  

Conclusion

So if we look at the judgments over the years one thing that has been changing is the trend because with the time Supreme Court has been changing with time. As how from 1978 to 2013 as described above the legitimacy of these marriage has been changes this shows that the supreme court with the time evolves. i.e. they are dynamic in nature and the expansion of these relationship under the Criminal Procedure code 1973 and Protection of women from Domestic Violence Act 2005 has been a good step. 

There has been cases where females have been exploited but due to lack of legality at that point of time there can be no action taken. Similarly for the child that has been born out of Live-in-relationship there has been no legitimacy. But with the time and several cases in Supreme Court considered the matter and the children born out of this relationship will be considered legitimate because why should the child suffer in this case. 

So keeping that thing in mind the legitimacy has been given to the children that has been born from the relationship. So, in future surely there is a chance that a different law will be there regarding the Live-in relationships in India.

FOOTNOTES ;

[1] Ajay Bhardwaj v. Jyotsna, 2016  

[2] Chanmuniya v. Virendra Kumar Singh Kushwaha, (2011)

[3] AIR 1994 SC 133.

[4] AIR 2008 SC 1193

[5] Madan Mohan Singh v. Rajni Kant &OR’s AIR 2010 SC 2933.

[6]  AIR 2010 SC 2685.

[7]  (2011) 2 UJ 1342.