What Is Live-In Relationship? Legal Rights Of Unmarried Couples In India

Friday, February 24, 2023, 17:00

To not carry a mark of marriage (be it sindoor, mangal sutra, bangles, and more) in a society that is obsessed with marriage is daunting in itself. So, partners who are preferring a live-in arrangement in this country may have to face a lot of heated debates, hate-mongering, taboos and unsolicited advice from people who condemn couples in general.

Recently, Allahabad court has observed that 'It is difficult for a woman to live alone after breaking of Live-In Relationship. The Indian Society at large does not recognize such relationship as acceptable. The woman, therefore, is left with no option but to lodge FIR against her live-in partner' in Aditya Raj Verma vs State case.

According to numerous media reports, the court was hearing a bail application of a man who was arrested for not fulfilling his promise to marry a woman, who was his live-in partner for over a year. The woman alleged that the accused had sent obscene photographs of her to her ex-husband, after which he also refused to live with her.

Also, last year, the shocking news of Shraddha Walker being murdered at the hands of her intimate partner Aftab Poonawala has shaken the nation and opened debates about the dangers of being in a live-in relationship so much that certain people have started condemning unmarried couples.

So, let us understand the position of Live-in relationships in India, what it means, when can courts intervene and the legal rights of unmarried couples in India.

What Is Live-in Relationship?

Live-in-relationship is a relationship or cohabitation where two adults above the age of 18, can live together on a long-term or permanent basis without marrying each other. The arrangement can be an emotional and/or sexually intimate relationship and it has no legal implications. To be in the relationship, or to end it, no one needs to register it anywhere, also a divorce is not required and the partners can end it in any way they see fit.

One can find the legitimacy of the live-in relationships in the 1970s. The Supreme Court in Badri Prasad Vs Board of Consolidators ruled that a strong presumption arises in favour of wedlock or marriage where the partners have lived together for a long spell as husband and wife.

In India, the legality of live-in relationships emanates from Articles 19 (a)- the right to freedom of speech and expression and Article 21- the protection of the right to life and personal liberty of the Constitution of India. However, when it comes to same sex live-in relationships, the court rules are a bit contradictory.

Is It Illegal To Be In Live-In Relationships In India?

Not, it is not illegal to be in a live-in relationship in India. Irrespective of the gender of a person, anyone who is above 18 years and gives free consent can stay together.

Live-in relationships are not illegal in India. The couple can be of any gender but must be above the age of 18 and give free consent. In 2020, the Allahabad high court said that adult live-in couples are free to live together without interference from anybody, even their parents, under Article 21 of the Constitution of India, 1950. Further, the court had also directed the police authorities to provide full protection to a couple which had approached it against harassment by the girl's family members.

When Are Courts Asked To Intervene A Live-in Relationship?

A live-in relationship is not legally regulated in India but there are special circumstances when courts are asked to step into live-in relationships. While pronouncing judgements, the courts compare them to marriages. If a relationship doesn't have the characteristics of a regular marriage, then courts can intervene and uphold certain rights, like a female partner can file a domestic violence case against her male partner.

There are certain conditions laid down by courts, using various cases, for live-in relationships to be considered as relationships in the 'nature of marriage' such as:

Duration of the Relationship (Section 2 (f) of the Domestic Violence (DV) Act - This specifies that the couple should have lived with each other for a reasonable period of time, such as months or years and continue a relationship. A one-night stand, staying for a weekend or a few weeks will not count as a live-in relationship.
Intention and conduct of the parties - Common intention of the couple as to what their relationship is and will be in future, their respective roles and responsibilities, which will primarily determine the nature of that relationship.
Shared Household (Section 2 (s) of DV Act) - The couple must have a domestic arrangement. For instance, running the household and doing domestic work - cleaning, cooking, upkeep of the house, etc.
Socialisation in Public- The couple must socialize publicly with friends, relatives and other people as if they are husband and wife.
Age - While entering a live-in relationship, the couple must be above the legally valid age of marriage i.e. 18 years or above.
Sexual Relationship - A sexual relationship means a relationship is not just for pleasure but has an emotional and intimate connection. It can be also for the procreation of children, caring, showing affection and companionship.
Financial Arrangement And Pooling Of Resources - The couple must have a financial arrangement similar to that of a husband and wife like acquiring immovable assets, pooling resources together or financially supporting each other, through shared bank accounts, shares in shared and joint names, long-term business investments, etc. which can hint towards a long-standing relationship.
Children - Having children is a strong indication that the nature of marriage and that the participants have a long-term view of the relationship.

What Are The Legal Rights Of Unmarried Couples In India?

Supreme Court, which is the apex court of India has ruled that live-in relationships, in which two adults are staying together cannot be regarded as illegal or unconstitutional.
Unmarried Couples can book a room in hotels together, even though many hotels do not allow that. However, in this country, there is no legislation that prohibits unmarried couples from booking a room together and sharing a hotel room is not a criminal offence or illegal.
Protection of Women from Domestic Violence Act 2005 mentions the right of partners in a live-in relationship to receive protection from relationships that are abusive and where domestic violence has been committed.
They can be together in public spaces, sit and roam around as long as no "obscene act" happens or take place.
The right to privacy includes sexual autonomy and also protects unmarried couples, therefore, in private spaces, if unmarried couples are engaging in consensual sex then they cannot be harassed by the police.
A child born to a live-in couple who has stayed with each other under the same roof for a considerable amount of time for some years, will not be illegitimate, said Supreme Court.
Unmarried couples can rent or buy a home together and no law forbids them from doing that. They can also live together, become joint owners and buy and/or rent a property.