UNDERSTANDING CASE LAW ON LIVE-IN RELATIONSHIP AS PER FAMILY LAW
Meaning of Live-in Relationship
A live-in relationship, or cohabitation, is an arrangement where two individuals who are romantically involved live together in a shared household without formalizing their union through marriage. This arrangement allows couples to experience the benefits of cohabitation, such as companionship and shared responsibilities while avoiding the legal obligations that come with marriage.
Characteristics of Live-in Relationships
Common Household: The couple shares a living space, which is a fundamental aspect of their relationship.
Intimate Relationship: They engage in a sexual relationship, which often includes emotional and physical intimacy.
Autonomy: Couples enjoy the freedom to make decisions together regarding their lifestyle without the societal pressures or legal constraints associated with marriage.
Legal Status of Live-in Relationships
In India, live-in relationships are not legally recognized as valid unions. This means that couples in such relationships do not enjoy the same legal rights and protections as married couples. However, the Supreme Court of India has ruled that cohabitation is not a crime, indicating a degree of legal acceptance for live-in relationships.
Key Points about Legal Status
No Formal Recognition: Indian law does not provide specific legislation governing live-in relationships. Thus, they lack legal recognition.
Rights and Protections: Couples in live-in arrangements do not have the same rights related to property, inheritance, or maintenance that married couples possess.
Judicial Support: Despite the lack of legal recognition, the judiciary has occasionally intervened to provide certain protections, especially for women, under the Domestic Violence Act and other laws.
Challenges Faced by Couples in Live-in Relationships
Couples in live-in relationships encounter numerous challenges due to the absence of legal recognition and societal stigma.
Social Stigma:
Live-in relationships are often frowned upon in traditional society, leading to disapproval from family and community. This can result in emotional stress and familial conflicts.
Lack of Legal Protection:
Without legal recognition, couples face significant risks in case of separation, including the absence of legal claims to each other’s properties, assets, or financial support.
Financial Instability:
In the event of a breakup, one partner may be left financially vulnerable, especially if they have contributed to household expenses or shared investments.
Domestic Violence:
Women in live-in relationships may face domestic violence without the robust legal protection that married women receive. While the Domestic Violence Act offers some recourse, enforcement can be challenging.
Lack of Social Security:
Couples do not have access to social security benefits like health insurance, pensions, or tax benefits that married couples enjoy, leaving them at a disadvantage.
Family Pressure:
Many couples experience pressure from their families to conform to traditional norms, leading to anxiety about the future of their relationship.
Case law
The Supreme Court of India, in the case of Indra Sarma Vs. V.K.V. Sarma, laid out important guidelines to determine when a live-in relationship qualifies as a “relationship in the nature of marriage” under Section 2(f) of the Domestic Violence Act (DV Act). Here’s a detailed explanation of the guidelines:
- Duration of Relationship
The court emphasizes that the phrase “at any point of time” implies that the relationship must endure for a reasonable period. While no specific timeframe is mandated, the duration must reflect a sustained commitment, varying based on individual circumstances.
- Shared Household
A “shared household” is defined under Section 2(s) of the DV Act. This indicates that both partners should cohabit in a shared living space, which is a fundamental aspect of a relationship akin to marriage.
- Pooling of Resources and Financial Arrangements
The financial interdependence between partners can signify a serious commitment. Indicators include:
- Sharing of bank accounts.
- Joint ownership of properties.
- Long-term investments made collectively. Such arrangements demonstrate a mutual reliance, essential in a marriage-like relationship.
- Domestic Arrangements
The responsibilities assumed within the household, especially by the woman, are significant. If one partner, particularly the woman, takes charge of domestic duties such as cooking, cleaning, and maintaining the home, it reflects a commitment characteristic of marital relationships.
- Sexual Relationship
The presence of a sexual relationship is crucial, not just for physical pleasure but also for emotional bonding and companionship. This relationship is expected to be intimate and supportive, often including the possibility of procreation.
- Children
Having children is a strong indicator of a relationship in the nature of marriage. It signifies an intention for a long-term partnership. The shared responsibility for raising and supporting children further strengthens this notion.
- Socialization in Public
Public behavior and social acceptance play a role in defining the relationship. If partners present themselves to the community as husband and wife, it supports the argument that their relationship is serious and marriage-like.
- Intention and Conduct of the Parties
The mutual intention of both partners regarding their relationship is paramount. Their conduct, including how they define their roles and responsibilities, significantly determines the nature of the relationship. If both parties demonstrate a commitment to being in a long-term relationship, it is more likely to be viewed as one in the nature of marriage.
These guidelines are not exhaustive but provide a framework for evaluating live-in relationships under the Domestic Violence Act. They consider both the practical aspects of the relationship and the intentions of the parties involved. By applying these factors, courts can ascertain whether a live-in relationship possesses the characteristics of a marriage-like arrangement, thereby ensuring appropriate legal protection under the DV Act.
