What is meant by live-in-relationship?

Live in relationship is when a couple, usually a man and a woman cohabit/ live together in a long term relationship as a husband and wife without being legally married.

Are there any legal provisions granting rights to women in live-in-relationship?

There is no specific legal provision regarding live in relationships however, Protection of Women from Domestic Violence Act (PWDVA) 2005 is first code that acknowledges live-in-relationships. It provides rights and protection to those women who are not lawfully married but are living with a male under the same roof, in a relationship that is similar to marriage.

Section 2(f) of the Domestic Violence Act, 2005 defines:

Domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Apex Court through it’s rulings held that “relationship in the nature of marriage” refers to a relationship that shares some key characteristics of a marriage.

Are individuals who live together as a couple in live in relationship liable to any punishment?

The Apex Court in it’s various rulings has clarified that Live in relationship is not a criminal offence but rather a fundamental aspect of the right to life and therefore it cannot be held illegal. The Hon’ble Supreme Court in it’s judgment dated 28.04.2010 in the matter of “S. Khushboo vs. Kanniammal & Anr.”, observed that live- in relation between two adults without formal marriage cannot be construed as an offence.

What factors should be considered while determining if a live-in relationship qualifies as a marriage-like relationship?

The Supreme court in it’s judgment dated 26.11.2013 in the matter of “INDRA SARMA Vs. V.K.V SARMA” provided certain guidelines for determining a relationship in the nature of marriage which are as follows:

1. The couple have resided together in live in relationship for a reasonable period of time.
2. The couple must have cohabited in a shared household.
3. The couple must have supported each other financially.
4. There must exist domestic relationship between the couple i.e. doing household chores by the woman indicates domestic relationship.
5. There must be emotional and intimate relationship between the couple.
6. Having a children in a live in relationship raises presumption of relationship in nature of marriage.

What are the legal rights of women in live-in-relationship?

The Hon’ble Supreme Court in it’s judgment dated 30.10.2018 in “Lalita Toppo vs. The State Of Jharkhand” held that women in live-in relationships are entitled to effective legal recourse to seek maintenance under the Protection of Women from Domestic Violence Act, 2005.

Who all can engage in a live-in-relationship and what are the rights of such parties?

The Supreme Court in the matter of “INDRA SARMA Vs. V.K.V SARMA” has outlined various scenarios where the concept of live-in relationships can be recognized and proven in a court of law:

1. Domestic Relationship between Unmarried Adults: If there’s a domestic relationship between an unmarried adult woman and an unmarried adult male, the aggrieved person can seek relief under the Domestic Violence Act.
2. Domestic Relationship between Unmarried Woman and Married Man: In cases where an unmarried adult woman is in a domestic relationship with a married adult male, the court has to first determine whether this relationship resembles marriage, which would then fall under the provisions of the DV Act.
3. Domestic Relationship between Married Woman and Unmarried Man: Similarly, when a married adult woman is in a domestic relationship with an unmarried adult male, the court evaluates whether this relationship resembles marriage to be covered under the Domestic Violence Act.
4. Unmarried woman Unknowing Entry into a Relationship with Married Man: If an unmarried adult woman unknowingly enters a relationship with an unmarried adult male, she may still be protected under the provisions of the Domestic Violence Act, as defined in section 2(f).

Does any law acknowledge domestic relationships between same-sex partners, such as gays and lesbians?

Despite the Supreme Court decriminalizing consensual same-sex intercourse by striking down Section 377, IPC the Protection of Women from Domestic Violence Act does not acknowledge same-sex relationships or consider them as relationships similar to marriage under the Act. It is stated that although there has been progress in legal recognition for LGBTQ+ rights, India still does not officially recognize same-sex marriage or provide legal recognition for same-sex couples in live-in relationships.

Is a married man required to financially support a woman he lived with in a live-in relationship?

The law does not consider the relationship between a married man and an unmarried woman as equivalent to a marriage-like relationship. This stance was affirmed by the Supreme Court in its judgment “INDRA SARMA Vs. V.K.V SARMA”. The court held that granting maintenance rights to woman in such relationships would unfairly disadvantage the legally wedded wife and children from the lawful marriage. Therefore, the court upheld the distinction between marital relationships and relationships involving a married individual and an unmarried partner to prevent injustice to existing legal family units.

What is the legal status and rights of children born from a live-in relationship?

Section 16 of the Hindu Marriage Act provides for the legitimacy of any child born out of a void or null marriage who would have been considered legitimate if the marriage had been valid. The Supreme Court has consistently ruled that children born from live-in relationships are presumed legitimate in Indian courts.

In the case of “Bharatha Matha & Anr vs R. Vijaya Renganathan & Ors”, the Supreme Court granted legitimacy to a child born from a live-in relationship, allowing them to inherit their parents’ property. Similarly, in “Vidyadhari & Ors vs Sukhrana Bai & Ors”, the Supreme Court ruled that children born from live-in relationships should be recognized as “legal heirs” and have the right to inherit property from both parents.

Why is it important to legally recognize live-in relationships?

Legalizing live-in relationships would significantly enhance the protection of women’s rights, particularly for those who experience domestic violence outside of marriage or are denied maintenance by their partners. By recognizing live-in relationships legally, we can offer a pathway to justice for women who silently endure hardships in relationships that society does not formally acknowledge. This legal recognition would afford them the rights typically granted to legally wedded wives, ensuring they are entitled to their rightful privileges and protections.