LIVE IN RELATIONSHIP: A CLOSER INSPECTION

By:
Vishnu Tandi
Founder, Lexkhoj
 Roadmap
• Introduction
• Meaning and concept
• Origin and history
• Legal Status (rights of woman and child): Indian Perspective
• Laws in India
• Global Perspective
• Need for legislation
• Conclusion
 Introduction
• India: A country of culture, religions and traditions

• Oldest, unique and richest culture of the world have some serious
threat of western culture.

• We have different types of relationships in our life but A romantic or

sexual relationship is a bit different from others.

• Marriage was the only relation between unrelated couple, which was
existed in ancient India.

• Marital obligations are the inseparable part of the marriage

• To avoid these obligations, and enjoy the benefits of cohabiting

together, the concept of live in relationship emerged.
 Cont.
• It provides life free from responsibilities and commitments, which are
essential of a marriage.
• Persons involved in Live in Relationship:
a) Unmarried man and unmarried woman; or
b) Married man and unmarried woman; or
c) Unmarried man and married woman; or
d) Persons of same sex
• Nowadays Live in relationship is no more substitute to the marriage;
it is having its own stand in society and in law of the country
• It is not illegal in India-Clarified by Hon’ble Supreme Court through
various judgments
 Meaning and Concept

• No legal definition
• Generally a voluntary arrangement between two adults to live
together on a permanent or long term basis in a sexually and/or
emotionally intimate relationship.
• Free from legal bonds and commitment
• Also called walk in & walk out relationship
• Alternative to marriage in metropolitan cities
• Not recognized by any statutory law in India
• Five kinds of live-in relationships were identified by the Court
in
[Indira Sarma vs VKV Sarma (2013(14)SCALE448)]
• Domestic relationship between an adult male and an adult female, both unmarried.
• Domestic relationship between a married man and an adult unmarried woman, entered knowingly
• Domestic relationship between an adult unmarried man and a married woman, entered
knowingly.

• Domestic relationship between an unmarried adult female and a married male, entered
Unknowingly

• Domestic relationship between same sex partners ( gay or lesbian)

Live in relationship is nothing but living together or cohabitation between two adults
that arose purely out of love and affection towards each other
 Origin and History
• Live in relationship has deep roots in Indian history
• Premarital relationships existed both in the Vedic period
and afterwards, but was a rare occurrence-Manu
Proof of existence:
1. Gandharva Vivah : Man and a woman mutually
consent to get married. Neither involves the family of
the couple nor a particular ritual to solemnize the
marriage
2. Maitri Karar: man and a woman enter into a
friendship agreement, a legitimate contract before a
magistrate.
3. Custom in indigenous Garasia tribe
 Legal Issues
• The absence of any social responsibility leads to some people
misusing the relationship and frequently switching the partner.

• Getting into a relationship without any commitments can be a

double edged sword.

Common legal issues:

• Status of the relationship,
• Rights and obligations of the partners and
• Status and rights of the children born out of live in relationship
 Legal Status in India
• None of the legislation that deals with marriage or
succession, expressly extends recognition to live in
relationships.
• Laws are in the form of court verdicts which varies from case
to case.
Before independence:
Living together as husband and wife for a long term, shall be
presumed legally married unless proved contrary.

A Dinohamy v. W L Blahamy, (1928) 1 M. L. J. 388 (PC)

Mohabhat Ali vs. Mohammad Ibrahim Khan AIR 1929 PC 135
Post Independence:
Thakur Gokal Chand v/s. Parvin Kumari, AIR 1952 SC 231
Marriage is presumed due to long cohabitation
Badri Prasad v. Deputy Director of Consolidation 1978 AIR 1557
Supreme Court recognised the live in relationship first time and
upheld the validity of a fifty year live in relationship.
Payal Katara v. Superintendent, Nari Niketan, and Ors. AIR 2001 All
254
Live in relationship may be regarded as immoral by society, but is not
illegal.
Patel and Others 2006 (8) SCC 726
Live in relationship between two adults without marriage is not an
offence. No law which postulates that live in relationships are illegal.
Tulsa vs. Durghatiya 2008(4) SCC 520
Long term relationship was considered equivalent to marriage.
Lata Singh vs. State of U.P. & Anr AIR 2006 SC 2522
live-in-relationship is permissible only in unmarried major persons of
heterogeneous sex.
• If a spouse is married, the man could be guilty of adultery
• If the husband survives, the wife cannot invoke presumption of marriage
the children became illegitimate

S. Khushboo v. Kanniammal AIR 2010 SC 3196

Supreme Court gave its landmark judgment and held that there was no law
which prohibits Live-in relationship or pre-marital sex. Living together is a
right to life under Art 21
D.Velusamy vs. D.Patchaiammal AIR 2011 SC 479
Merely spending weekends together or One night stand is not a live in relationship
Pre-requisites for a live in relationship:
1. The couple must hold themselves out to society as being akin to spouses
2. They must be of legal age to marry
3. They must be qualified to enter into a legal marriage, including being unmarried
4. They must have voluntarily cohabited for a significant period of time.
If a man keeps women as a servant and maintains her financially and uses mainly for sexual
purposes, such relationship would not be considered as marriage in the court of law
Uday Gupta vs. Aysha and Another (Crl.) No. 3390 OF 2014
• Status of marriage to live in relationship
• An unmarried couple living together under the same roof shall be presumed married,
 Rights of female partner in Live in Relationship
Recommendation by National commission for women to include
live in female partner for the right to maintenance under Sec 125
Cr.P.C.
Abhijit Bhikaseth Auti v.State Of Maharashtra and Others AIR
2009 (NOC) 808 (Bom)
A woman living in live-in-relationship may also claim
maintenance under Sec.125 Cr.PC.
Malimath Committee recommended to amend the word ‘wife’
under Cr.P.C. and include the woman living with the man like his
wife
Chellamma vs. Tillamma AIR 2009 SC 112
Status of wife to the female partner of live-in-relationship
Vidyadhari Vs Sukhrana Bai AIR 2008 SC 1420
Who have been in a live-in relationship for a reasonably long period of time can receive property in
inheritance from a live-in partner.
Koppisetti Subbharao Subramaniam vs. State of Andhra Pradesh AIR 2009 SC 2907
protected the live in female partner from harassment for dowry.
Protection of Women from Domestic Violence Act 2005:
• Recognise the relationship in the nature of marriage
• Not formally married but living with a male person in a relationship,
• Akin to wife, though not equivalent to wife
Such partners can claim monetary and other reliefs in case of abuse or harassment under the Act
D.Velusamy vs D.Patchaiammal AIR 2011 SC 479
live-in relationship to come within the purview of the Domestic Violence Act (DV Act), 2005, subject to
fulfilment of some additional criterion.
Rights of female partner in live in
• Right to claim compensation
• Custody of child
• Complaint against male partner and his relatives

Varsha Kapoorvs UOI & Ors 146 (2008) DLT 445 (DB)
Female living in a relationship in the nature of marriage
has right to file complaint not only against husband or
male partner, but also against his relatives
 Rights of the child born
out of Live in Relationship

For a child born out of a live-in relationship,

following rights are very important
Legitimacy
Maintenance
Property
Custody
Legitimacy:
Section 112 of the Indian Evidence Act-Legitimacy
S. P. S. Balasubramanyum vs. Surruttayan 1992 Supp (2) SCC 304
First landmark case in which the Supreme Court upheld the legitimacy of the children born out of live in
relationships
Radhika v. State of M.P AIR 1966 MP 134
man and woman are involved in live-in-relationship for a long period, they will be treated as a married
couple and their child would be called legitimate
Tulsa vs. Durghatiya 2008(4) SCC 520
Child born from such a relationship will no more be considered as an illegitimate child but condition is
that it should not be a “walk in and walk out” relationship,
Bharata Matha & Ors. vs.. Vijaya Renganathan & Ors AIR 2010 SC 2685
child born out of a live-in relationship may be allowed to succeed in the inheritance of
the property of the parents (if any) and subsequently be given legitimacy in the eyes of the law
Uday Gupta vs. Aysha and Another (Crl.) No. 3390 OF 2014
The children born out of ‘live-in’ relationships are treated to be legitimate
Property:
Vidyadhari vs. Sukhrana Bai AIR 2008 SC 1420
Granted the right of inheritance and status of legal heirs
Bharat Matha & Ors AIR 2010 SC 2685
Child born out of live in relationship may be allowed to succeed inheritance in the property of the parents,
if any, but does not have any claim as against Hindu ancestral coparcenary property.
Parayan Kandiyal Eravath Kanapravan Kalliani Amma (Smt.) & Ors. vs. K. Devi and Ors (1996) 4 SCC
Unequal treatment to legitimate and illegitimate in the eyes of law can amount to violation of Article 14
Revanasiddappa vs . Mallikarjun (2011) 11 SCC 1
No child born from a live-in relationship of a reasonable period may be denied their inheritance
Maintenance:
• No maintenance right to children born out of live-in relationship under the Hindu Adoptions and
Maintenance Act 1956.
• Maintenance to both legitimate and illegitimate child under Section 125 of Cr.P.C
Dimple Gupta v Rajiv Gupta AIR 2010 SC 239
Even an illegitimate child, who is born out of an illicit relationship is entitled to maintenance under Section
125 of the Cr.P.C
PV Susheela v Komalavally (2000) DMC376
The denial of providing maintenance to a child born out of a live-in relationship can also be challenged
under Article 32
Custody:
Sec. 6 Hindu Minority and Guardianship Act, 1956 father is the natural guardian of his minor legitimate
children whereas mother is given the first preference in case of illegitimate child
Gita Hariharan vs. Reserve Bank of India
AIR 1999, 2 SCC 228
• Both, mother and father have been
accorded equal rights over the child.
• Custody will be decided on the basis of
facts and circumstances of each case.

Several judicial pronouncements of Supreme

Court as well as High Courts held that child
born out of live in relationship are legitimate
and entitle for all legal rights like child born
out of legal marriage
 Laws on Live in
Relationship in India

No special law in India to deal with the concept of live-in

relationships and its legality.

• Section 2(f) of the Protection of Women from Domestic

Violence Act, 2005
• Section 114, Indian Evidence Act, 1872
• Section 125 of Cr. P. C
 Global Perspective

France: civil solidarity pacts 1999

Philippines: The Family Code (Art. 147)
Scotland: The Family Law Act, 2006 [Section 25 (2)]
USA:
• Illegal in all states before 1970
• Concept of palimony
Michelle Marvin v. Lee Marvin 18 Cal.3d 660 (1976)
After 1980
• Domestic partner registry
• Some states have common-law marriage laws
Canada: Section 53 (2) and 54 (1) and of Family law Act, 1990
United Kingdom:
• Live in couples do not enjoy legal sanction and status as granted to married couple
• No provisions for maintenance
• Law seeks to protect the rights of the child
• Living together agreement for unmarried couple
• Civil partnership for The Lesbian, Gay, Bisexual and Transgender (LGBT) community
Australia: The Family Law Act-de facto relationship
China: Contract made between partner, no legal procedure to end
Ireland: Legally recognised
Legislation is applicable to same sex unmarried couples, couples from opposite sexes, provided they
have been cohabitating for at least 3 years
 Need for Legislation
• Live in relationship should be granted a legal status after a specific
period of its existence
• Enact a separate branch rather than trying to bring live-in within
• the ambit of the existing laws
• Provide all the legal rights of of maintenance, succession, inheritance
as available to married couple and their children irrespective of their
religion
• The female partner’s role to prove the burden of such relationship
should be relaxed
• Persons who enter into a live-in relationship with a living spouse
should be convicted for bigamy.
The Supreme Court has asked Parliament to
introduce appropriate amendments to the
Protection of Women from Domestic Violence
Act, or enact a suitable legislation so that women
and children born out of live-in relationships are
protected.

According to court, though live-in relationship has

not been accepted in India, it is neither
illegitimate nor a sin

Uday Gupta vs Ayasha and Anr

 Conclusion
“It’s better to have a live-in relationship rather than having
a divorced life!”
• Keep away from the restrictions and responsibilities of
typical marriage.
• live-in relationship can neither replace the institution of
marriage
• A society is said to be ruined when the culture is
ignored.
• The western culture is uprooting the Indian culture.
• Neither statutory law support nor restrict such
relationship
• Some court verdicts have recognized such relationships and some have
done the exact opposite
• Time to clear confusion and loopholes
• Need for enactment of new law having clear provisions with regard to
the time span required to give status to the relationship, registration and
rights of parties and children born out of it.