How Law Is Evolving To Give More Recognistion To Live In Relationships In India

For the longest, the Indian legal system did not recognise the concept of live-in relationships. There were no specific laws to govern the live-in relationship, and there still aren¡¯t any laws that exist. However, with time the laws have widened their scope to safeguard women in the live-in relationship.

In favour of Wedlock

Unsplash/Representational Image

The child born out of wedlock was considered illegitimate and could not claim the property of either parent. However, the Supreme Court handed down a judgment and gave the child born out of wedlock the status of a legitimate child who can also claim property rights. In Vidyadhari v. Sukhrana Bari, the judge cited section 16 of the Hindu Marriage Act, under which the child could be termed the ¡°legal heir.¡±

Though the court has recognised the child, it still favours the child to be born out of wedlock. A bench of justice S Abdul Nazeer and Vikram Nath stated, ¡°it is well settled that if a man and a woman live together for long years as husband and wife, there would be presumption in favour of wedlock. Such a presumption could be drawn under Section 114 of the Evidence Act¡­The law presumes in favour of marriage and against concubinage when a man and a woman have cohabited continuously number of years.¡±

Widening the scope of Law

Initially, live-in relationships were considered void-ab-initio (void from the beginning) as per Indian laws. However, for the first time, in a Supreme Court judgment of 1978, such relationships were considered marriage, given that the partners are of legal age and living consensually.

Unsplash/Representational Image

In 2016, in Indra Sarma v. VKV Sarma, the Supreme Court, in the ambit of Section 2 (f) of the Protection of Women Against Domestic Violence Act, 2005, expanded the scope of protecting women in a live-in relationship against abuse. However, it was held that the woman could not demand maintenance in a live-in relationship.

Petition to Register Live-in Relationships

Recently a PIL was filed by Advocate Mamta Rani seeking the registration of live-in relationships. "Time and again this Hon¡¯ble Court has been the protector of the live-in partners and has passed numerous number of judgments which is having the effect of giving protection to the members of the live-in partnership be it the women, men or even the children born out of such relationship," read the petition.

BCCL/Representational Image

The petition also viewed that there are no regulations to govern live-in relationships. If registered, it will help crimes in such relationships go down, said the petition, quoting the Shraddha Walkar case, where her live-in partner murdered her. The petition also sought for the Central Government to develop a database of live-in couples to regulate them. The petition mentioned that failing to register such relationships will violate Article 19 and Article 21 of the Indian Constitution. The petition read, ¡°There has been a huge increase in the false rape cases being filed by the women wherein the women claims to be living in live-in relationships with the accused and it is always difficult for the Courts to find out from the evidence whether the fact of living in live-in relationship is proved by the backing of evidence. Registration of live-in relationships will work as a vital evidence to prove whether the fact of live-in relationship is correct or not...Looking at the fast paced life and the choice of young generation to adopt the western culture, proper registration of live-in relationships will keep a check on those who are entering into live-in relationship with an ulterior motive.¡±

Supreme Court bench of CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala viewed this petition as haired-brained and dismissed it. ¡°What is this? People come with anything here? We¡¯ll start imposing costs on such cases. Registration with whom? The Central Government? What does the Central government has to do with people living in live in relationships? Are you trying to foster the care, the security of these people or trying to prevent them from getting into live in relationships?¡± said CJI DY Chandrachud.