How can you protect yourself Legally in a Live-in-Relationship in India ?

In India, from ancient times, marriage is seen as an institution that is sacred and something which is deeply tied to tradition and is a legal union. But, through the recent years and changing times, the concept of live in relationships, where couples live together and have a sexual relationship without formally marrying, has become increasingly common. While the society has still not completely accepted it and has been doubtful about the same, and also, there isn’t any legal framework that declares such a relationship as a legal union, still, the honorable Supreme Court of India has passed many judgements which state that, such relationship is not a criminal offence, and has held that the partners who are a part of such relationships, they have legal protection under the laws in India, though that might not be up to the level of the protection given to legally married couples.

So, in this article, we are going to understand the protections that people in live-in relationships have in situations when they face judgement, criticism, and even harassment from society, which has still not accepted the same. We are going to learn this through the interpretation of various legal provisions and the judgments of Supreme Court of India. So, let’s begin.

· Legal Status: (& Protections)

Constitutional Provision:

The interpretation of Article 21 of the Indian Constitution in this scenario covers the protection of live-in relationships in this case. This Article, as guaranteed as a Fundamental Right in the Constitution of India, covers the Right to Life and Personal Liberty, and through the interpretations of the Supreme Court in multiple cases in India, the SC has included in it the Right to Cohabit without formally marrying a person, i.e. In simple language, people are allowed to live together and have sexual intercourse without formally marrying one another. And this, made a part of Fundamental Rights through court interpretations, can be enforced using Writs guaranteed by the Indian Constitution in Article 32 for enforcing the same, directly in the Supreme Court of India.

Protection of Women from Domestic Violence Act, 2005:

The S.2(f) of this Act defines the term “domestic relationship” to include in its meaning, relationships “in the nature of marriage”, and this provision, specifically provides protection to the women who are part of such relationships as this definition and its interpretation mentioned above, grants protection to women and brings them under the scope of the protections provided under this particular legislation, allowing them to seek remedy if they face any sort of domestic violence, while being involved in a relationship like this, and this protection provided to them is of the same level of which is provided to any married woman.

CrPC:

S.125 of the CrPC includes it, the provision for maintenance, which, through various judicial developments and interpretations throughout the years, has brought live-in-relationships under its scope, but again, this is a women-centric provision which includes provisions of providing maintenance to women.

In the landmark case of Chanmuniya v. Virendra Kumar Singh Kushwaha (2011), the Supreme Court, in its judgement, declared this interpretation of the section as stated above

Indian Evidence Act:

Under Section 114 of the Indian Evidence Act, 1872, the courts are given the power, if in situations where there is proven long-term cohabitation, the court has the power to presume the existence of a marriage in such a case.

What this helps in is that firstly, it protects the rights of partners who are in such a relationship for the long term, and secondly, if a child is born out of the same, it also provides protection to such children.

· Rights and Obligations:

Thus, using the earlier stated legal provisions, we can say that the persons involved in a live-in-relationship possess the following rights, which are legally enforceable and protected as per many Indian Laws

Maintenance:

As stated earlier, under the provisions of the Protection of Women from Domestic Violence Act and the CrPC (S.125), the women in such relationships are entitled to maintenance, i.e., financial assistance is provided in cases of separation.

But the courts consider various factors before and while granting the same to a woman, such as:

•  People living together voluntarily for a long period.

• In the eyes of society, represented as a married couple.

•  Having a sexual relationship.

•  Mutual commitment of the people involved in a relationship.

• The financial responsibilities of the people involved.

•  Legal age of marriage

Property (Inheritance):

As there is no guaranteed provision of the right of inheritance in the Indian laws for live-in-relationships, we’ll understand the same through some landmark SC judgements.

In Velusamy v. D. Patchaiammal (2010), In this case, the court held that even though live in partners cannot automatically gain property rights under a relationship, they may, in cases, acquire the rights to a property by proving that they have had a high amount of contribution to the property, when it was acquired and contending that thus, they have a legal property right over the same. And this contribution can be in the form of money ie. financial contribution or any other contribution which led to the acquisition of the property brought in question. And thus, women get the right to establish their claim over the jointly acquired properties along with their partners.

Also, firstly in the case of Vidyadhari & Ors. vs. Sukhrana Bai & Ors. (2008), the SC declared a woman to have a legal right to inherit a partner’s property in such relationships and further clarification in case of a deceased partner was given in the case of Dhannulal and Others vs. Ganeshram and Another (2015), SC held that women have the right to inherit the property of a dead live-in-partner.

Rights of Children:

As through the interpretations of the SC, a man and woman who have lived together for a long period of time and proven other conditions true as well, are considered as married and are given legal rights plus the children born out of such relationships are considered legitimate by the interpretation of law by the Supreme Court in multiple cases. And as per the Hindu Marriage Act, the children have the legal right to acquire the property of their parents.-(S.16)

The children born from such relationships are considered legitimate, another reason being, so that they do not face the mental problems and backlash in a society and for their adequate growth as well (for financial growth too). And this inheritance right (as stated above) and the legitimacy has been given to them by the interpretation of the supreme court as stated in the various judicial precedents.

In the landmark case of Tulsa v. Durghatiya (2008), the supreme court stated the same interpretation as the one mentioned above that the children born out of long term live-in-relationships will be granted a legitimate status and apart from that, they won’t face any sort of discrimination thus, due to the form of relationship that their parents have.

In another older case of S.P.S. Balasubramanyam vs Suruttayan (1993), the SC held that, in case of a long-term relationship involving sexual intercourse as well, a presumption of marriage will be there under S.114 of the Indian Evidence Act and this presumption will ultimately lead to the children born under such arrangements be given legitimate status.

 Custody of Children:

In determining the custody of the children born under such relationships in cases of divorce, the well-being of a minor is made the matter of utmost importance by the courts. Although circumstances differ from case to case.

In cases of Domestic Violence:

As stated earlier, as per the provisions of the Protection of Women from Domestic Violence Act, 2005, women in such relationships are entitled to the following rights:

• The right to seek protection orders against the partner

•  The right to reside in the household

• The right to compensation (for damages as a result of such violence)

 Major Cases (Recent Developments):

In the case of Pushpa Devi Vs State of Punjab (2021):

The Punjab & Haryana HC protected a couple in a live-in-relationship under Article 21. The court restated the earlier-mentioned interpretation of considering the same in the Right to Life and held that adults, with free consent, have the right to choose their partners and live with each other. And thus, safeguarded this as part of their fundamental right. This shows the vulnerability of such relationships to social threats and a lack of proper legal action.

In the case of Yash Pal Vs State of Haryana (2024):

In this case, the Punjab & Haryana HC held that if there are threats to a couple who are in a live-in-relationship, then they will get protection under Article 21 of life and liberty, even if they are already married. Also, the court, in stating the same, held that constitutional provisions prevail over moral judgements and also added that adultery may be used as a civil ground for divorce, but the same cannot be criminalized or used to deny protection.

The court also gave weight to the duty of a person in a live-in-relationship towards a minor child born as a result of such a relationship.

Apart from this, the court emphasized the need to create a mechanism for the assessment of situations and granting powers in cases involving live-in relationships.

To conclude, we can say that, even though the Indian Legal system, lacks the proper legislation on the live-in-relationships, still, the courts, through their judicial interpretations have helped and enabled in determining the rights and duties of individuals who are a part of such relationships and has also led to the inclusion of these relationships under the various legal statutes, granting it somewhat of a legal status in India.

Citations:

• Velusamy v. D. Patchaiammal (2010): AIR 2011 SC 479

• Vidyadhari & Ors. vs. Sukhrana Bai & Ors. (2008): AIR 2008 SC 1420

• Dhannulal and Others vs. Ganeshram and Another (2015): AIR 2015 SC 2382

• Tulsa v. Durghatiya (2008): AIR 2008 SC 1193

• S.P.S. Balasubramanyam vs Suruttayan (1993): 1994 AIR 133

• Pushpa Devi Vs State of Punjab (2021): CWP 10878 of 2021

• Yash Pal Vs State of Haryana (2024): CWP 9374 of 2023