When we talk about Bollywood movies like Salaam Namaste, Aashiqui 2, Shudh Desi Romance, Befikre, Luka Chuppi, there is one thing common, and you know it! Yes….it’s about the concept of live-in relationships. When we talk about living together in India, it is either within a family related by blood, adoption, or marriage. Otherwise, it is just the roommates sharing a space to survive while being students or working professionals. Two adults living together just because they want to, or they are in a romantic relationship, is not so common in India, if we talk about a couple of decades ago. However, things are different, as if something has shifted in the recent years. If you ask whether live in relationship is legal or illegal in India, there is only one answer. However, the reasoning matters here, for it is not just about liberal approach, but a lot more. The concept and its connected aspects have been discussed in detail, to address live-in relationships from a legal lens.
Live in Relationship Legal Status in India
While people are often stuck in debate over live in relationship legal or illegal in India, the fact is that there is confusion over its recognition in the Indian laws. There is no national legislation which recognizes live-in relationships to give it legal sanctity. On the other hand, two adults can live together wherever they want. While Courts in India have time and again kept live-in relationships on a common pedestal as that of marriage for aspects like domestic violence and maintenance provisions, it is yet to get the status of an accepted civil union in the country. It is important to note that Uttarakhand being the first State to introduce Uniform Civil Code, the same lays the process regarding registration of live-in relationships. Thus, when Uttarakhand UCC comes into force, it can be said to grant legal status to live-in relationships in India.
Thus, for now, we can say that myths on live in relationship being illegal are totally baseless, and two adults living together is not punishable in any law in India. On the other hand, if someone approaches the Court seeking to entertain rights which are otherwise available to married couples, it may not guarantee desirable results. Even the females in live in relationship may or may not get legal relief in case of dispute, depending upon the specific facts of the matter.
Live in Relationship Legal Age
When we talk about the age of marriage in India, it is mostly 21 years for males and 18 years for females. However, there is no particular legislation suggesting the legal age for live-in relationships, since there is nothing recognizing such relationships as of now. In general, the live-in relationship legal age should be assumed as 18 years or above, because adults can live with anyone they want. In the case of minors, some legal trouble may be attracted by the parents. The reason being that in most of the cases, the age of consent is 18 years.
Live-in Relationship Registration in India
While the concept is new, the Uttarakhand UCC proposes to register live-in relationships, which means the government will have a record of couples living in relationships in the State. In fact, there is punishment for anyone living in a relationship without registering the same. Otherwise, there is a lot of discussion regarding live-in relationship agreements. Such an agreement is aimed at outlining the rights and liabilities of the parties to live-in relationship, in order to safeguard the interests of both in case of dispute. The Punjab and Haryana High Court had recently addressed a matter wherein a deed for live-in relationship was in question. The Court clarified that “Since such type of deed is not permissible in law, no benefit can be claimed by the petitioners”.
Is live-in Relationship Legal in India without Divorce?
Marriage is a sacred union, wherein two people commit a lifetime of loyalty to each other. So what happens if a person gets in a live-in relationship without divorce, while still being married to another. In other words, is live in relationship legal or illegal in India if a person still being married starts living with another? If we discuss the legality of Extramarital affairs in India, there used to be a provision regarding adultery under the Indian Penal Code, 1860. The same punished anyone who would have sexual intercourse with someone else’s wife. However, it the provision was held in violation of certain fundamental rights. So now, adultery is no longer a crime but can be a ground for divorce. However, no other legal action can be taken against a spouse who is cheating on the legally wedded partner. In other words, if a husband or wife leaves behind the married spouse and enters a live-in relationship with another, there is no law to punish a cheating spouse.
Benefits of Live-in Relationship
With Indians embracing western culture more and more by the day, live-in relationships are not at all alien for anyone. Though accepted or not is totally another context. Queries regarding live in relationship legal or illegal in India arose after more people got into such relationships. The reason for such attraction is that there is no legal commitment in such relationships. When a couple gets married, there are a lot of things to be taken care of like conditions for valid marriage, divorce proceedings – which gets more tricky if contested, misuse of laws for married women, maintenance, child custody, and the list does not end here. To avoid such responsibilities which may turn into legal troubles, youngsters these days tend to initially get into live-in relationships. This helps understand each other better before tying the knot legally. While some end up breaking up, others find a lifelong commitment in each other and decide to get married.
Conclusion
Getting back to the initial question of whether live-in relationship is legal or illegal in India, the clear cut answer is that it is not against the law, it is not a crime, and you will not go to jail for living in a relationship. As a society, people may find it unsettling, but the Police or Courts are the one dealing with the legality here. When two adults consent to live with each other, whether people of same sex or those of opposite sex, there is nothing wrong legally. Speaking of those who pursue live-in relationship without divorce, Courts are not so liberal to protect them against threats from outsiders (usually family members of partners), upholding the essence of marriage and social fabric. Hence, while the concept of live in relationship may be legal, morality still remains under a question mark.
