What do you think? Are live-in relationships against the law? Well, although the legislature has not expressly recognized live-in relationships, the Courts have time and again discussed the same and the rights of live-in partners, thereby acknowledging their existence….because Courts cannot shut their eyes when a person approaches the Court with some grievance and seeks a solution. While live-in relationships are becoming a trend in recent years, there are several clouds as well regarding its legality and the rights of live-in partners. Here, we have attempted to bring some clarity regarding several aspects related to the unsaid live-in relationship rules in India.
Myths around Live-in Relationship Rules Busted
1. Equivalence with Marriage
While the Supreme Court in Indra Sarma v. VKV Sarma (decided on November 26, 2013) recognized live-in relationships akin to relationship in the nature of marriage for Domestic Violence Act. However, the Court clarified that “all live-in- relationships are not relationships in the nature of marriage.” Thus, while discussing rights of live-in partner in India, it should be noted that specific facts determine similarity of the relationship to marriage, that too for specific reliefs.
2. Live-in Relationship Rules regarding Age
Since there is a prescribed age for Court marriage as well as religious marriages in India, people often assume that there is no age bar when it comes to live-in relationship rules. Also, an adult woman cannot have a live-in relationship agreement in the name of ‘marriageable age’ while the male spouse is yet to attain the age of 21 years. While living as per one’s will is the live-in relationship rule, there is no such right or excuse before attaining the age of majority.
3. Live-in Relationship without Divorce
People assume that they can openly live in a live-in relationship without divorcing their spouse whom he/she legally married. Does that mean that there is no extramarital affair law in India? There is a case when several couples kept approaching the Punjab and Haryana High Court seeking police protection to safeguard their live-in relationship rights. The Court in return clarified that though live-in relationships are not illegal, the Courts could not encourage them against lawful marriages.
4. Property Rights
Couples in live-in relationship often assume that their spouse’s property will come to them after his/her death, since they are a couple. However, there is no legal provision or the live-in relationship rules of inheriting the property of another unless the same has been included in a Will or so.
5. Rape on Pretext of Marriage
The unsaid live-in relationship rights hint at the sexual nature of this relationship. Live-in partners do indulge in a sexual relationship, and often, the relationship ends then and there. So when the male partner backs out from a relationship, what are the rights of female partner in a live-in relationship? What is seen is that for such a failed relationship, the male has to deal with serious allegations of rape by his female live-in partner. That’s where the need to have express/codified live-in relationship rules is felt.
6. Loyalty or Infidelity
In India, people have in many aspects become open-minded in recent times. However, when it comes to live-in relationships, it is still not very much respected. Although it may not be against the law, and it may be quite frequent in metropolitan cities for couples to live together without marriage. However, it is not very much encouraged in families, and almost impossible for small towns to accept. In such a scenario, if a woman complains of a live-in partner having an affair outside their relationship, there are no rights of females. Adultery is no more an offence, but only remains a ground for divorce. Since a live-in relationship is not marriage, there is no scope for divorce either.
7. Live-In Relationship Agreement
There is a conception that ‘agreementing’ a relationship while writing down the live-in relationship rules will give a binding value to such a relationship. However, there are certain essential elements of a valid contract which the live-in relationship agreement often skips upon. In fact, the Punjab and Haryana High Court in Moyna Khatun v. State of Punjab (decided on March 10, 2021) clarified that live-in relationship deed was not permissible in law. Thus, no enforceability is attached to such an agreement.
8. Right to Seek Divorce
Since Courts in India have time and again compared live-in relationships with that of the institution of marriage, there is some confusion on seeking divorce in live-in relationship. Since marriage gives people the right to seek their spouse’s company, divorce puts an end to such obligations of union. However, since live-in relationship is not recognized as marriage, there is no scope for divorce either, as held by Kerala High Court in Matrimonial Appeal No. 784 of 2022 decided on June 8, 2023
Inference
Since there is no written law providing for live-in relationship rules, the confusion remains. Since marriage brings in several civil obligations, and getting divorce is difficult in India, people are frequently seen opting for live-in relationships. Thus, knowledge is power and knowing what all it takes legally can help protect the live-in relationship rights.
