Live in relationship in India and legal issues arising out of it
By Advocate Anik
Concept of live in relationship
Love is a beautiful phenomenon. It’s an emotion that tends to bind two people of different caste, color, irrespective of their sex, race or class together. However, to strengthen or to explore that love, the couples need to spend more time together and even live together as well. Here is when the concept of living relationship or live-in-relationship comes into play.
As our country is a developing country and in the race of development we are not only moving towards economic development, we are also moving towards ‘Modernization’. Youth of our country is majorly influenced by the European or western culture. And a part of that culture is live-in-relationship. Though there are countries in the world which are highly strict for accepting this concept of living relationship.
What is live-in-relationship? Answering this in a very simple language ‘the concept of live-in-relationship means a male and female staying together as a friend without marriage’. Whereas, the legal definition of live-in relationship would be “an arrangement of living under which the couples which are unmarried live together to conduct a long going relationship similarly as in marriage”. The concept of live-in-relationship in India is also known as ‘Mithru Sambandh’.
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Purpose Behind Living Relationship
In our traditional Indian society, it generally happens that our parents finds or life partner and the concept is generally known as arrange marriage. The other type we have is of love marriage in which we ourselves find our life partners. But, in reality we don’t know in both the concept that the marriage would be successful or not. In order to solve that problem, the concept of living together before marriage comes into play. In order to know each other better, to understand each other, and to check the compatibility before marriage. So that, the chances of getting divorce could be reduced. As most of the couples perusing live-in-relationship are willing to get married in someday in future.
Also, it is thinking of some couples that marriage is just a waste of money, their love doesn’t need any certification and social recognition.
The reasons could vary from person to person because of different mental set ups.
Common Law Marriage
Common Law Marriage is a thing in which the couple lives together as married couple without ever going through a formal ceremony of getting married of legally registering their marriage. The couple live together as friend for a duration of time and consider each other as friends whereas the community treats them as ‘being married’. The concept of common law marriage is recognized in U.S.A and Canada and some other countries. The federal law of the country provide couple in live-in-relationship with same rights as of married couple. As of now, the concept of Common Law Marriage is not recognized in India.
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1. Legal position of live-in relationship in India
India is a country of diverse culture and ethnicity; the major population of India still reside in the rural areas and have their own customs and values. To the people of India their customs and values are of utmost important to them, also they are quite sensitive towards it. Also, these people can’t afford to mix or accept the culture of western society. But since India is a developing nation and a growing economy people are becoming more aware and are more fascinated and influenced by the western culture and modernization. This could especially be seen in urban part of India.
As people of India are becoming more and more aware of their rights and new things, the concept of live-in-relationship cannot be far away from the youth or the young couples of this nation. But for living relationship to get recognition was not an easy thing. The concept was hurting the cultural and social value of the society of India, a country in which marriage is considered as a sacred bond and a couple could only live together after getting married. How could the society approve of the pre-marital sex and live-in relationship?
The issue regarding recognition of live-in relationship first came before the Supreme Court of India in the case of S. Khushboo vs. Kanniammal & Anr.[1] In the case it was observed by a three-judge bench consisting of Chief Justice K G Balakrishnan, Justice Deepak Verma and Justice B.S. Chauhan that, ‘When two adult people want to live together what is the offence. Living together is not an offence. It cannot be an offence’. Further the court also said that, even ‘Lord Krishna and Radha’ lived together according to the mythology. In the conclusion the court held that, ‘there is no law which prohibit live in relationship or pre-marital sex and living together is right to life’. This was the judgement after which the concept of live-in relationship got recognition in India.
Issue Regarding Maintenance of Unmarried Wife
As the living relationship got recognition after the judgement of supreme court, another issue which arose before the court was of unmarried wife claiming maintenance. This issue got lime light when the Supreme Court in the case of D. Velusamy vs. D. Patchaiammal[2] used the gender insensitive terminology stating that ‘no legal entitlements occur by such relationship’. The judgment was highly objected by the feminist part of the society. Additional Solicitor General of India at that time Ms. Indira Jaisingh highly condemned the decision. From this judgement it was clear that an unmarried women cannot claim maintenance from her living relationship partner. As the law in India does not recognize the palimony concept which applies to live-in relationship.
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The Supreme Court also held that the Indian law does not recognize the concept of common-law-marriage, which is quite popular in U.S.A and Canada.
Child Born Out of a Live-In Relationship
In a previous case addressing the legality of a child born out of wedlock, the Supreme Court held that if a man and a woman remain in a live-in relationship for a long time, they will be considered as a married couple and the child born out of such relationship would be legitimate. In addition, the Domestic Violence Act of 2005, which was recently amended, provides protection to women participating in such situations for a ‘reasonably extended duration’ and guarantees them the status of spouses. Children born out of such a connection would no longer be considered illegitimate, according to a Supreme Court bench led by Justice Arijit Pasayat.
Recently in April 2021, the High Court of Kerala in a momentous ruling related to a child born out of live-in relationship has held that a child born out of such relationship would have to be treated as a child born to a married couple. The decision was given by a Bench comprising of Justice A Muhamed Mustaque and Justice Sr. Kauser Edappagath.
2. Live in relationship not acceptable as per Punjab and Haryana High Court
Recently in May 2021, two live-in couple approached the Punjab and Haryana High Court seeking protection from their families as they face opposition to their relationship from their Families. On May 11’ 2021 while considering the petition Justice HS Madaan through an order, denied the couple protection stating that “the petitioners in the garb filing the present petition are seeking seal of approval on their live-in relationship, which is morally and socially not acceptable and no protection order in the petition can be passed”[3]. A day Later, another live-in couple from Jind, Haryana approached the Punjab and Haryana High Court seeking similar protection. The High Court also denied protection to the second couple relying on the judgement of May 11’2021. Another bench held that “in the considered view of this bench, if such protection as claimed is granted, the entire social fabric of the society would get disturbed.”
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The decision got highly criticized by people who support live-in relationship. As the next step, the Punjab and Haryana High Court referred the question “whether the court is required to grant protection to two persons living together, without examining their marital status and the other circumstances of that case?” to a larger bench.
The Bench of Justice Anil Kshetarpal said, “if the answer to the above is in the negative, what are the circumstances in which the court can deny them protection?”
Conflicting Rulings
After considering the facts of present case though, Punjab and Haryana High Court has denied protection to the couple. But the Punjab and Haryana High Court has also hold view contrary to this.
A single Bench of Justice Jasgurpreet Singh Puri has held, “The scope of the present petition is only regarding the protection of life and liberty of the petitioners and therefore, the validity of the marriage cannot be a ground for denial of such protection.”[4]
The bench of Justice Sudhir Mittal observed. “In a matter pertaining to a live-in relationship couple, who are both major and decided to enter into such a relationship as they are sure of their feelings for each other.
Supreme court Order
After Punjab and Haryana High Court denied protection to two live-in couple, Advocate Abhimanyu Tewari appearing on behalf of both the couple, challenged both the orders before the Supreme Court. The counsel for the petitioners argued that the couples were on the run as their relationship is not acceptable to their families and their families even threatened to kill them, also stated that they are desirous of getting married. The counsel presented his appeal before a Vacation Bench comprising of Justice Navin Sinha and Ajay Rastogi.
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Hearing the appeal against the judgement of Punjab and Haryana High Court which denied protection to the live-in couple, stating that, “live in relationship are not socially and morally acceptable”. The Supreme Court on 4th June’2021 granted protection to the couple. The Bench was of the opinion that it is a case of protection life and liberty and the couples cannot be deprived of that right. To be exact the court held that, “Since it concerns life and liberty, the Superintendent of Police is required to act expeditiously in accordance with law, including the grant of any protection to the petitioners in view of the apprehensions/threats, uninfluenced by the observations of the High Court”.
3. Conclusion
The concept of live-in relationship is new in India and facing a lot of problems in becoming socially acceptable to the people of India. People living in cities are finding in quite acceptable whereas if we move towards the rural part, it’s still struggling to be socially acceptable. Though, through judicial interpretations the Supreme Court has accepted this concept and give it recognition in India. But thinking and views cannot be change through judgements, some section of the society still find it against their culture and value. Many orthodox groups feels that the concept of live-in relationship would result is destroying sanctity of marriage. Supreme Court through its various judgements and interpretations is trying to make this concept socially acceptable, by supporting the couple living together before marriage and granting them protection from their families and orthodox group of the society. Also, they are answering various legal issue arising out of live-in relationship like is the legitimacy of child born out of live-in relationship, could an unmarried wife claim maintenance and like on. But our law still does not recognize the common law marriage. There must be a new law regarding live in relationship and also the concept of common law marriage must be recognized in India.
4. References
JUDGEMENTS
- S. Khushboo vs. Kanniammal & Anr., (2010) 5 SCC 600
- D. Velusamy vs. D. Patchaiammal, AIR 2011 SC 479
- Farzana Bgegam & Aman and Anr. Vs. State of Punjab, CRWP-4217-2021
- Gurwinder Singh vs. State of Punjab
WEB SOURCES
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