ABOUT LIVE-IN RELATIONSHIP

In the past few years, the concept of living in a Live-In-Relationship has rapidly flourished in Indian society. The concept emphasizes the culture of two individuals living together as if they are husband and wife without tying the knot of marriage. While this evolving concept remains a challenge to customary ideas of marriage, the judicial system of India has identified and upheld the rights and dignity of those individuals who are willing to stay in such relations. There is no codified law by the Government of India as well as any of its State. However, the Supreme Court and High Courts of India has from time to time from their Judgement and Orders has dealt with the cases in which the parties are living in such relation. These Judgements and Orders if read together, one can formulate the implied guidelines (though not stated in detail). From all such Judgement and Orders, we have made an attempt to find the legal ramifications of Live-in-Relationships in India.

Eligibility & Competency

In varied decisions, the Judiciary emphasized that two consenting adults, after attaining the age of majority and with sound minds, may enter into a Live-in-Relationship.

The Hon’ble Supreme Court has ruled that the Right to Life and Personal Liberty under Article - 21 of the Constitution of India are intertwined. It includes the freedom to choose a partner. Further, the Court also stated that cohabitation between two adults of heterogenic sex with all consent is acceptable and cannot be viewed as immoral or illegal.

Agreement for Live-in-Relationship

It is advisable to execute a proper Agreement before entering into Live-in-Relationship, as it provides clarity on rights related to properties & assets, financial responsibilities & division of expenses, and the intentions of both partners to be involved in such kind of relationship. It also reduces risk of filing of false cases against partner such as Rape.

The Live-in-Relationship has yet to be legally recognized like marriages, but the Courts have advised adequate communication and mutual understanding among the Partners. To prove the existence and period of the relationship it is essential to maintain documents that demonstrate shared household, like utility bills, agreements related to rent, or joint accounts.

Live- in Relationship by Same Gender

The Hon’ble Supreme Court has decriminalized cohabitation by adults of the same gender. This allowed individuals belonging to the LGBTQ community to live freely and with all dignity. The case opened the doors for all individuals who have attained the age of majority to follow their desired sexual orientation.

Criteria to determine Live-in-Relationship

The legal recognition of Live-in-Relationship is determined by the set of standards set by the Courts. While determining whether a Live-in-Relationship exists, factors such as prolonged cohabitation, resource sharing, and presenting themselves as a couple to the Society are considered.

The Hon’ble Supreme Court in its Judgement has confirmed the criteria that can be considered to know whether a relationship is similar to a marriage and the same can be done by analyzing: -

Both the consenting adults have been residing together for a reasonable amount of time agreed to the joint household, shared finances & accounts, and consented to various types of financial incorporations
If the roles and responsibilities of a domestic household are shared and agreed upon, inclusive of sharing of physical & sexual proximity with one another. If both adults agreed to share responsibilities to nurture and look after the children and establish an impression to friends & society of being a married couple;
If both adults established clear signs of a long-lasting relationship or not

Maintenance by Live-in Partner of a Married Man

The Hon'ble Supreme Court stated that a purposeful construction should be made to the word “Wife.” The woman is eligible for maintenance based on the fact that the couple cohabitated for a reasonable time, and it can be presumed that they were married.