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A live-in relationship is an arrangement wherein two adults with their own consent share a household without marriage. The two adults establish a long-term emotional as well as a physical relationship. With more people moving to the urban areas, there is an increasing number of live-in relationships in India. A lot of people these days live together either to test their compatibility before marriage or to avoid the burdens of marriage.
Live-in relationship is a common concept in countries like the US, Australia, France. But it is comparatively newer in traditional countries like India. There is a rapid change in the social structure of our country. Women are becoming independent and more people are living in urban areas away from their homes. It is gradually becoming a normal phenomenon in big cities. But it is still taboo in smaller cities. It is similar to marriage as the couple live together and share the responsibility of the household. There is a lack of proper laws.
In Payal Katara v. Superintendent Nari Kandri Vihar Arga and Others, it was held by the Supreme Court that “a lady of about 21 years of age being a major, has right to go anywhere and that anyone, man and woman even without getting married can live together if they wish.” A 50-year-old live-in relationship of a couple was upheld in this case. In the case of S. Khushboo v. Kanniammal & Anr., the court held that living together is a right to life.
It has been held in various recent judgments that living together for a long period of time gives similar rights to the couple as a married couple. The woman can claim maintenance and if any child is born out of such a relationship, he/she is considered legitimate. In Ajay Bhardwaj v. Jyotsna, the court ordered that a sum of 40 lakhs be paid as maintenance to the woman in a live-in relationship. In Abhijit Bhikaseth Auti v. State of Maharashtra and Others, the Supreme court also observed that it is not necessary for women to establish the existence of marriage to claim maintenance under Section 125 of Cr.P.C.
However, since a live-in relationship is a newer concept there is a lack of proper law to govern such matters. There have been various cases where one of the partners is married and still enters into a live-in relationship. There is no strict law that restrains a married man from entering into a live-in relationship with another woman. But it is not considered a legal relationship. Various High Courts have criticized such relationships. But there is a difference of opinion in this matter even between the High Courts.
In Savitaben Somabhai Bhatiya v State of Gujarat, it was live-in partner had assumed the role of a second wife and was not granted any maintenance, whereas the child born out of the said relationship was granted maintenance. In some cases, the woman isn’t aware that her partner is married. There is no specific law to deal with such cases.
References -
Payal Katara v. Superintendent Nari Kandri Vihar Arga and Others
S. Khushboo v. Kanniammal & Anr, Appeal (crl) No. 913 of 2010, decided on 28 April, 2010
Ajay Bhardwaj v. Jyotsna on 23 November 2016
Abhijit Bhikaseth Auti v. State of Maharashtra and Others, Sep 16 2008
Savitaben Somabhai Bhatiya v State of Gujarat, Appeal (crl.) 399 of 2005, decided on 10 March, 2005
All you need to know about Live in Relationships in India (ipleaders.in)
Rights Of Child Born Out Of A Live-in Relationship - iPleaders
Supreme Court & Allahabad Judgements - Criminal Law (lawyersclubindia.com)
For a more detailed understanding, refer to the" Savitaben Somabhai Bhatiya v. the State of Gujarat & Ors." case study by clicking the case below.
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