Position of Live in Relationships in India
Hindu customs recognise only one kind of relationship between an unrelated man and woman i.e., marriage. Hindus considers marriage to be a sacrosanct, a bond for eternity. However, this concept of divinity is losing its meaning for a number of reasons. Times are changing and the concept of marriages is also evolving. One such new development is Live in Relationships in India. Let us examine the position of Live in Relationships in India.
Introduction
The Live-in Relationships in India is a living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. It is also known as cohabitation or common-law marriages or de facto marriages. It is neither defined in Hindu Marriage Act nor in Special Marriage Act. A relative definition can be found in the Protection of Women from Domestic Violence Act, 2005(PWDVA) in section 2(f) as the domestic relationship
“Domestic relationship”18 means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
But this definition is limited to the compensatory measure to women. It does not define the rights and obligations arising out of Live in Relationships in India.
Reasons for Live in Relationships in India
Love should not be the only reason to marry. Marriages should not be forced on individuals. This way Live in Relationship in India acts as a substitute. Sometimes it is a precursor to marriage. Couples may want to test their compatibility. In addition, they may want to maintain their single status for financial reasons. Couples also engage in live-in relationship to avoid divorces. For gays and lesbians, it is the only option. Above all, sometimes they just want to maintain the status quo. The court observed if two people want to live together who can oppose. In fact why to oppose them.
Stance of Judiciary
Presently, the position of Live-in Relationships in India is not defined in any legal statute. It is not an offence by any statute. In Patel and others Case[1] the Supreme Court observed that the two adults are not criminal offenders who are bound in live-in relationship without a formal marriage.
Later, in a very famous case of Khushboo vs Kanniammal and anr.[2], the court held that Live in Relationships in India is valid. Further, the court held that living together is a part of the Right to Life enshrined in Article 21. In the case of Velusamy vs D. Patchaimmal Court stated that not every Live in Relationships in India will amount to a “relationship in nature of marriage”. Merely spending weekends together or one night stands or relationship solely for sexual pleasure cant be qualified for protection Domestic Violence Act within the definition of domestic relationship.
While deciding cases, the court has given few parameters to frame laws to justify the position of Live-in Relationships in India. Few are mentioned below-
- Duration of relationship
- Shared household
- Pooling of resources
- Domestic Arrangements
- Sexual Relationship
Conclusion
Law and society are two faces of one coin. If one flips other flips too. If society changes ( or evolves), the law needs to be altered in order to serve society. Arrange marriages are falling and love ain’t happening that easily. As a result, society itself has found a solution in form of Live-in Relationships. Moreover, it can be seen as a healthy precursor to marriage. It can be seen as a separate entity too. Therefore, the time has come for the Indian legislature to justify the position of Live-in Relationships in India. As a matter of fact, to recognise the Live in Relationships in India.
Written By Ankit Raturi, University School of Law and Legal Studies
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[1] 2006) 8 SCC 726
[2] Crl. Appl. No. 867/2009 MANU/SC/0689/2009
