What is live in relationship?
Legal definition –
The legal definition of live in relationship is “an arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage.”
There is no specific legislation, social rules, or customs in India regulating the matter of live-in relationship. Therefore, the Supreme Court has taken liberty to elaborate on the concept through its judgment at different times and has issued guidelines (Discussed later in this article) for the purpose of dealing with such relationships. “It is a living arrangement in which a man and a woman who are unmarried live together like a husband and wife without the legal sanction called marriage”.
Live in relationship includes people of opposite sex & people of same sex (Gay, lesbians).
Status of a live in relationship!!
No laws or Act has been made till date regarding live in relationship. The judgements of Supreme Court to be followed or considered as the law.
Live in relationships are legally valid and they are not against the law. It comes under rights to live with liberty.
“Khushboo vs Kanaimmal and another,” the Supreme Court observed “Though the concept of live-in relationship is considered immoral by the society, but is definitely not illegal in the eyes of the law. Living together is a right to life and therefore it cannot be held illegal.”
Guidelines when a relation is considered as live in relationship…
Long term relationship will be considered as deemed marriage according to the Supreme Court unless they prove that they are not married.
Certain conditions were set by the Supreme Court in the case of “D. Velusamy and D. Patchaimal (5 SCC 600)
- Both above age of 18yr.
Nand kumar V. State of Kerala, Legal Age for marriage is 18(girl), 21(boy) but for living together age of majority i.e. 18 yr is enough.
2. Two persons should be living together for a reasonable time period continuosly and it must not be walk in & walk out.
3. Living together under same roof.
4. Sharing of resources is must.
5. Socialising together.
6. The couple must hold themselves out to society as being akin to spouses.
7. Maintaining sexual relations.
8. Sharing household chores.
9. Maintaining financial relations.
Woman & child
- Woman have legal rights in live in relationship or after breakup & can claim for maintenance and other under domestic violence act and can file complaint under IPC.
- Child born in live in relationship have equal legal rights as a son on property of father.
Role of Domestic Violence Act, 2005
- Section 2(f) – A relationship between two persons who live or have lived together, at any point of time, 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.”
According to this definition, live-in relationships which are in a nature of marriage, that is, the couples are living for a long period of time and presenting themselves as husband and wife come under the ambit of the PDV Act, 2005.
Therefore, the woman in live-in relationship can take protection under Protection of Women from Domestic Violence Act, 2005 and can claim for maintenance also (D. Velusamy vs D. Patchaiammal).
The question of application of the PDV Act, 2005 to the live-in relationships came into the consideration of the Supreme Court in the case of “Lalita Toppo vs State of Jharkhand.” It was held that the victim, that is, the estranged wife or the live-in partner would be entitled relief under the Act in a shared household. While referring to this report in “Ajay Bhardwaj vs Jyotsna”, the court awarded alimony under the PDV Act, 2005 to a woman in a live-in relationship.
2. A woman who is subject to any form of violence in a live-in relationship as well as a marital relationship can file a complaint under section 498 A, IPC. She can also seek relief through protection orders, compensation and interim orders citing sections 18 to 23 of the Domestic Violence Act.
Note – It is only the woman who can claim maintenance under the PDV Act, 2005. Relief under the PDV Act, 2005 is not available to men in live-in relationships. In this connection, it is pertinent to mention that in the case of “Khushboo vs Kanniamal” the Court observed that “a live-in relationship is invariably initiated and perpetuated by men.”
Dear readers, stay tuned for next article. Also, if you have any queries or suggestions regarding topics or article let me know in comment section or mail us at lawgicalfirst@gmail.com
Source:
1. Sage journals (https://journals.sagepub.com/doi/full/10.1177/2631831820974585)
2. Legal services India.com
(http://www.legalservicesindia.com/article/1013/Emerging-Concept-of-Live-in-Relationships.html)
3. Adv Savikar Bhardwaj
