Concept of Live-in Relationship and Maintenance

1. INTRODUCTION

A live-in relationship is an arrangement in which two individuals choose to live together voluntarily either permanently or over a long period of time in a close, intimate emotional and/or sexual relationship. The phrase is commonly used to refer to unmarried couples living together.[1] The concept is not new in India. Since the Vedic period, premarital relationships with partners living together have existed. In the Vedas, the Gandharva Vivah have elements similar to that of a live-in relationship. So, it can be clearly said that the concept of live-in relationships is not new to India. But with the coming of Islamic rule in India, the freedom of women to choose suitable groom(an element of the Gandharva Vivah) and start living with him reduced significantly. So in medieval history, evidence of live-in relationships is not found. Also, Harat Chandra Chattopadhyaya in his novel has clearly stated the non-existence of this concept in India even in the late 19th century and early 20th century. In simple terms, it can be stated that live-in relationships existed in Indian society in the ancient times but in later periods they disappeared from the Indian society. The modern live-in relationship is a Western concept that emerged around 20th century.[2] With the globalization, development of Indian society and huge cultural influence from the west, the concept has gradually spread its roots in India. In India, the proportion of live-in relationships is currently dominated only in urban areas.

People enter into live-in relation consensually for various reasons. Few who want to marry, enter into such relations to check their compatibility. Others do it if they are unable to legally marry or simply to avoid the hassles and expenses of a formal marriage. Live-in relationships have their own set of advantages and disadvantages. Live-in relations provide the couple with less burden of a relationship, both social and economic, as compared to a married couple. But in many cases, there are incidences of mistreatment and violence by the partners (generally towards the female partner). Also, because of the patriarchal mindset, there have been honour killings committed by the girl's family, who do not want to see their daughter sleeping with someone before her marriage.

2. LEGAL STATUS

In India, currently, there exists no law to deal with the concept of live-in relationships.[3] But the Protection of Women from Domestic Violence Act, 2005 grants the female partner in a live-in relationship protection, maintenance, and the right to palimony, a type of alimony paid to a former partner in a non-marital relationship upon her complaint. The judicial system has thus provided sufficient protection for female live-in partners and their children.

Also, in the past few decades, there have been notable changes in India's legal status regarding maintenance for partners and children born out of such cohabiting relationships through court judgements. Nonetheless, the amount of maintenance and the legal rights of cohabiting partners are still developing and up for discussion in Indian courts. The courts have frequently ruled in favour of granting maintenance to the woman and child born from such relationships, recognizing their rights to financial support. Courts ruling:

A. FOR FEMALE PARTNER.

a) Supreme Court recognized live-in relationships. (1978)

In Badri Prasad V. Dy. Director of Consolidation[4] recognized in India the existence of live-in relationships and saw them as legitimate marriages. The court determined that when a couple has lived together as husband and wife for an extended period of time, there is a strong presumption in favour of wedlock.[5]

b) The Supreme Court provided legal status to children born from live-in relationships. (2008)

In Tulsa Ors vs. Durghatiya Ors[6], the Supreme Court recognized the treatment of the parties as husband and wife, the birth of children within the relationship, and the legal standing of children born from live-in relationships with continuous cohabitation. The court upheld the rights of the wife and her children, pointing to the presumption of marriage arising from prolonged cohabitation and the behaviour of the parties.

c) The Supreme Court lays down the precondition for a valid living relation. (2010)

In D. Velusamy V. D. Patchaiammal[7], the Supreme Court held that a relationship in the nature of marriage is akin to a common law marriage. The following requirements must be met in order for a relationship to qualify as a "relationship in the nature of marriage" and to receive maintenance benefits under the Act:

i. The couple must hold themselves out to society as being akin to spouses.

ii. They must be of legal age to marry.

iii. They must be otherwise qualified to enter into a legal marriage, including being unmarried.

iv. They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

d) The Supreme Court recognises the right of women to inherit the property of a live-in partner. (2015)

In DhannuLal v. Ganeshram[8], the Honble Supreme Court decided that couples living in live-in relationships would be presumed legally married.

The Honble Court in the said Judgment also held that the woman in the relationship would be eligible to inherit the property after the death of her partner. [9]

B. FOR CHILDREN.

Supreme Court recognized the rights of children born out of live-in relationships.

In S.P.S. Balasubramanyam v. Suruttayan[10], the Supreme Court for the first time recognized the legitimacy of a child born out of born out of live-in relationship. Supreme Court allowed the presumption of marriage under Section 114 of the Evidence Act and presumed that the child was legitimate. The court also allowed the inheritance of property by the children.

The right of children to children to inheritance was also upheld by the Supreme Court in Kattukandi Edathil Krishnan Anr. v Kattukandi Edathil Valsan Ors.[11]

3. CONCLUSION

Indian courts through their judgements have recognised and accepted the concept of live-in relationships. The maintenance rights of a female partner and of her children born out of such a relationship have also been recognized by the apex court. Currently, there is no statute that formally recognizes these laws. Furthermore, the scope of these rulings is limited to resolve some basic matters arising out of conflict in live-in relation and so, complex cases will be difficult to handle with just these judgements. A well-written statute is necessary for that, particularly in a complex nation like India. Legislators need to accept the changing society and bring meaningful and necessary legislation.