Live-in Relationships in India: The Legal and Social Context
Live-in relationships (LIRs) in India are a significant development in the country's changing social landscape, reflecting evolving perceptions of personal freedom and intimate partnerships. While socially these relationships might still carry a certain stigma or taboo, they have become legally recognized, aligning with the broader understanding of individual rights and personal freedom.
Legal Recognition and Judicial Precedents
The legal status of LIRs in India is rooted in several key legal judgments and provisions. Unlike in some countries, live-in relationships are not illegal in India. In 2018, the Supreme Court of India ruled in the Case of Maneka Gandhi v. Union of India, that the right to live together in a relationship is intrinsic to the right to privacy and personal choice, protected under the Indian Constitution. This has made it clear that couples in LIRs cannot be prosecuted for living together.
However, it is important to note that live-in relationships are distinctly different from marriage, and they are subject to the personal laws governing the individuals involved. The Supreme Court has made it clear that a prolonged cohabitation akin to a marriage can lead to legal presumptions of marriage, and associated legal rights and obligations.
Legal Presumption of Marriage
Based on the findings of the Supreme Court, if a man and woman in a live-in relationship live together for a significant period and even have children, the judiciary may deem the relationship as similar to a legal marriage. As a result, the laws applicable to a married couple would also apply to them. This can include inheritance, maintenance, and other rights and responsibilities.
The Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA), was a landmark legislative move that recognized live-in relationships by offering rights and protection to women who are not legally married but live with a man under the same roof. Under the PWDVA, a woman in a live-in relationship can seek protection orders, maintenance, and other legal measures if she is subjected to domestic violence or faces other adversities.
Child Birth and Legitimacy
A significant legal development in this context is the Supreme Court's ruling in Tulsiram Dhakoji Bordia v. Sudarshan Cakle and Anr, that children born out of live-in relationships are not considered illegitimate. This means that if a couple lives together for a substantial period and the woman gives birth, the child will have the same rights and inheritance as a legitimate child born in a legal marriage. However, the relationship must be of a long-term, romantic nature with clear intent to cohabit and form a family unit.
Maintenance in Live-In Relationships
Another important aspect of live-in relationships is the issue of maintenance. The Supreme Court has ruled that a woman in a live-in relationship can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC), which governs the entitlement to maintenance. A woman must live with the man for a reasonable period and the Court must find that there was genuine affection and commitment in the relationship. However, if a married man is involved in a live-in relationship and the woman lives with him knowingly, she may not receive maintenance from him.
Conclusion
In conclusion, live-in relationships in India are legal but come with a unique set of legal and social considerations. While the law recognizes these relationships as a form of partnership, they are different from marriage and are subject to specific legal presumptions and rights. As societal norms continue to evolve, the legal framework is adapting to accommodate these changes, ensuring that individuals in LIRs have the same level of rights and protection as those in legal marital unions.