INDIAN LAW AND LIVE IN RELATIONSHIPS
The authors of this blog are Ms. Sakshi Singh & Mr. Tushar Batra, 2nd Year Student pursuing BA. LL.B(H) at School of Law, HILSR, Jamia Hamdard, New Delhi
1. Introduction
It is said
that the only thing that is constant in the world is change. Over the passage
of time, mindsets change, things that were not acceptable earlier are now
accepted by the society. One such concept is of live-in relationships. Not a
long time ago, live-in relationships were considered as immoral and people
indulging in it were looked down upon. However, nowadays it has started to
become acceptable and most people now feel that there is nothing wrong and such
a decision is completely on the individual who makes it. There is an absence of
a “specific” law that governs live-in relationships in India; hence there is no
legal definition of the same. However, in simple words live in a relationship
means a situation wherein two people live in the same house and indulge in
emotional and sexual actions without getting legally married. In this article,
we will see the existing laws that govern live-in relationships, judicial
decisions in this regard, the legitimacy of a child arising out of a live-in
relationship.
2. Laws governing live-in relationships
As we have
already discussed that there is no express law that governs live-in
relationships in India, let us see how the existing laws cover this concept and
to what extent.
Section 2(f)[1] of
Domestic Violence Act discusses a domestic relationship. The language of the
provision is very broad, it has been framed in a way, that there remains no
ambiguity as to what exactly is a domestic relationship. Moreover, the
legislature has broadened the scope of the provision by using “or” in the
provision. The provision uses the term “Through a
relationship in the nature of marriage”. This clearly shows that the section is
not limited to only legally married, but it implies that it covers live-in
partners within its ambit and scope. This helps in preventing the misuse of
such relationships against women and provides for remedies in case of misuse.
Further, the important point to note here is that this provision will be
applicable only when the couple is living together for a long period of time
and it is not just a casual one, wherein the partners are not serious about
each other.
Soon after the recommendations of the
Malimath Committee, a revision was made to Section 125 of CrPc, the term “wife”
in the section would include a woman who has been abandoned after a live-in
relation even though they were not legally married. This provision now helps
many women who have been suffering due to their partners abandoning them. This
interpretation has been upheld expressly by the Punjab & Haryana High Court
in Ajay Bhardwaj v. Jyotsna[2].
Section 114[3] of
the Evidence Act discusses circumstances, wherein the court presumes a fact, if
it thinks it likely to have been occurred. According to this interpretation, it
can be safely concluded that if a couple is living together over a long time as
husband and wife, then there can be a presumption of marriage.
3. Judicial Decisions
In the
absence of express law, it has been the responsibility of courts to
interpret existing laws to cover live-in relationships. In India, as time has
passed, the courts have declared many live-in relationships as valid marriages.
The first instance, wherein the Supreme Court declared a couple living together
as legally married was way back in 1978. In the said case[4], the
couple had been staying together for more than 50 years, hence the court
declared them to be legally married. Furthermore, in various cases,[5] it
has been held that live-in relationships are protected under Right to Life
under Article 21, and that though it might still wrong for some people, but it
cannot be considered as illegal and one cannot be punished for the same. In
2013, Supreme Court in a landmark case[6], also
called as the Indra Sharma case
opined that entering into a Live-in relationship is not a crime; it encouraged
the government to enact an express law, to govern live-in relationships. In the
same case, it laid down broad factors in order to determine a live-in
relationship. These include the duration of the relationship, the sharing of
various resources, the behaviour of the couple in public, the various domestic
arrangements, whether they have a child or not etc.
4. Legal Status of a child arising out of a live-in
relationship
In earlier
times, there was ambiguity regarding the legitimacy of a child arising out of
a live-in relationship. However, at
present the courts have made their stand very clear and have held that a child
arising out of such a relation is legal and legitimate .[7] Further,
after judgments of various courts, now it is a settled principle that a child
arising out of a live-in relationship is not only legal, but also has right
over the property of his/her parents. Hence, now it is a well-settled fact,
that if a couple is in a live-in, if there is a child arising out of such a
relationship, he/she will be considered as a legitimate child is completely
entitled to all his/her rights even the entitlement to the parents’ property.
5. Conclusion
All in all,
we have seen and discussed that, even though some people might consider live-in
relationships as immoral, the courts have made it crystal clear that it is not
an offence. Further, we have seen, that there is no express law, in turn, there
is a misuse of such a relation. Even though there are existing laws which
impliedly cover these relations, but it is not enough. As the times are passing
and we as a society are developing, there is a need for an express detailed law on this point. It
can be expected after the enactment of a specific law on the point, there will
be a change in the mindset of the people who still consider it as immoral.
Hence, to conclude it wouldn’t be wrong that it is only a matter of time, that
there is an enactment of a law and change in the mindset.
[1]The Protection of Women
from Domestic Violence Act, 2005(Act 43 of 2005) s.2(f)
[2]2016 SCC OnLine
P&H 9707.
[3]The Indian Evidence Act,
1872 (Act 1 of 1872) s.114
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