Has The Stance On Live-In Relationships Changed? How Is It Working In India?

Since the gruesome murder of Shraddha Walkar by her live-in partner, Aftab Poonawala, there has been increased discussion in India about being in and staying in a live-in relationship. There has been a lot of victim shaming and blaming in this case, and many have been downgrading the couple's living arrangement. The Union Minister of State for Housing and Urban Affairs, Kaushal Kishore, said live-in relationships are "giving rise to crime" and suggested that educated girls should not get into such relationships.

But what is a live-in relationship?

A live-in relationship is basically an arrangement made by two people in a romantic and sexual relationship where both partners tend to cohabit with each other just like they are married. This term is generally applied to those couples who are not married.

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So, are live-in relationships prohibited in India?

Marriages, in general, are preserved by individuals, and the laws and rules related to them are formed by the individuals themselves. Live-in relationships, however, even though they aren't particularly recognised by law, are not illegal in the country either. The rights to freedom of speech and expression, the right to reside and settle in any part of India¡¯s territory under Article 19, and the right to life under Article 21 are provisions that have been used to define the live-in relationship settlement. Many judges across the country have used these provisions to agree with the live-in relationship setup.

In Badri Prasad v. Director of Consolidation, the Supreme Court upheld the legality of a 50-year live-in relationship. In Payal Sharma v. Nari Niketan, the Allahabad High Court ruled that "a man and a woman can live together even though they are not married if they wish. Although this is considered unethical by society, it is not prohibited. There¡¯s a distinction to be made between law and morality."

A special three-judge bench consisting of the Chief Justice of India, K.G. Balakrishnan, and Justices Deepak Verma and B.S. Chauhan too had observed that live-in relationships aren't invalid by nature. "When two people want to live together, what is the offence? Does it amount to an offence? Living together is a right to live," the Supreme Court said, stating Article 21 as well.

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When were live-in relationships recognised for the first time in court? And what are the rights of the partners?

When it comes to a live-in relationship, it was recognized for the first time in the Protection of Women from Domestic Violence Act, 2005 (Pwdva), by providing rights and protection to females who are not legally married but live with a male individual in a relationship that is in the concept of marriage, also akin to wife but not equivalent to wife.

Back in 2008, the Maharashtra government approved a proposal suggesting that a woman involved in a live-in relationship for a ¡®reasonable period,¡¯ should get the status of a wife. The reasonable period, however, will be defined by circumstances or the individuals involved.

Because the line between work and establishment, or marriage and live-in relationships, is so thin, courts assume that live-in relationships fall under the purview of marriage. This allows women some basic rights to protect themselves from the abuses of forged marriages and extramarital affairs. Based on this assumption, the Supreme Court back in 2009 observed that it is not necessary for a woman to strictly establish the marriage to claim maintenance under Section 125 of the Cr.P.C. A woman in a live-in relationship may also claim maintenance under Section 125 of the Cr.P.C.

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Will a child born from a live-in relationship in India have legal rights?

As mentioned, women have been given some rights after cohabiting with a partner in a live-in relationship for a 'reasonable period'. But if a child is born at the same time, does the newly born have the same rights as a child born through marriage? There is no certain law to verify that and this too depends on the judge's discretion. In S.P.S. Balasubramanyam v. Suruttayan [11], the Supreme Court declared, "If a man and woman are living under the same roof and have been cohabiting for some years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife, and the children born to them will be legitimate."

Another historic case involved a child born from a live-in relationship being granted the right to legal status. This case was Vidyadhari vs. Sukhrana Bai.

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Since so many laws have already been passed in favour of live-in relationships, are they better than marriage?

The concept of live-in relationships has evolved over time, especially in urban cities. More and more couples have been cohabiting prior to marriage to see how things may work out. However, there is still a social stigma attached to it, and people in society shame it. This can include neighbours, landlords, and families. Despite the fact that this isn't illegal, in Indian society it is mostly looked down upon.

"When I was trying to rent a flat for me and my girlfriend, It was a task. Wherever we went and told them about a male and female living together, the tenant completely shut down the prospect of showing us a place. "We had to lie to them later that we were engaged just to get a flat to live in together," Dhairya (name changed for privacy) explains.

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But for people who are already in a live-in relationship, the journey has generally been eye-opening. Even if it isn't always positive, it can surely be a learning experience. It gives the couple time to understand one another without being bound by legal papers. A couple who wants to eventually get married knows about each other's habits and how they will cohabit together. Not just that. Many tend to save money since living together means saving a lot on date nights.

"I lived with my ex-boyfriend for a couple of months, and we realised how our living situation was. Even though it ended up in a disaster, we did amicably understand that there may not be a future for the both of us and it is better that we end it sooner rather than later," says Sana (name changed for privacy).

Other than India, many countries, including the United Kingdom, Scotland, the United States, and Ireland, find cohabiting for couples legal.

So, what is your take on this?