A live-in relationship gives the couple an opportunity to know the partner without having to engage into a legally binding relationship.
India has witnessed a drastic change in the way the present generation perceive their relationships. The taboo that used to haunt partners in live-in relationships has also started to fade away with society opening up about the idea of pre-marital sex and live-in relationships. This improved mind-set is a result of freedom, privacy, profession, education and also globalisation. Moreover, for most of us – it is not an escape from responsibilities but a way to understand our partner and to check if at all we are compatibility.
A live-in relationship not only gives the couple an opportunity to know the partner without having to engage into a legally binding relationship but also excludes the chaos of family drama and lengthy court procedures in case the couple decides to break up. It involves continuous cohabitation between the partners without any responsibilities or obligations towards one another.
There is no law tying them together, and consequently, either of the partners can walk out of the relationship, as and when they want.
How is live-in defined under Indian Law?
There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so. There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act and the individual facts of the case. Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.
Is Live-In Relationship Legal in India?
Live-in relationship is one such concept that has entered into India in the millennial age. It’s not indifferent that people belonging to the previous generations usually question what a live-in relationship is. The main reason for this is because in earlier days no one would hear about such concepts, unlike today.
So be it any of the major metropolitan cities in India like Delhi NCR, Mumbai, Pune, Bangalore, Kolkata or Chennai. Or any other small modern city like Bhubaneswar, Ahmedabad for that matter, live-in relationship is becoming popular. More and more couples are feeling safe and confident in entering into such a relationship. The live-in relationship meaning has completely been revolutionised by the modern generation.
Laws Surrounding Live in Relationship in India
To have a live-in relationship, law in India is still not clear on that. It is, however, pertinent to mention here that even though there is no live in relationship act per se. Therefore, there is a lot of obscurity about the live in relationship in India legal status.
Regarding the legal status of live in relationship in India, the Supreme Court has ruled that any of the couples who are cohabiting together for a very long period of time, they will be presumed as legally married unless proven otherwise. As far as the modern generation is concerned, India has been witness to many drastic changes in terms of various perceptions. As far as this generation goes, the effects of live in relationship are viewed as much similar to any relationship in general.
Whether live in relationship is good or bad is totally dependent on the couple engaging in the same. The taboo which used to haunt couples entering into a live in relationship is slowly dissipating. The Indian society or the society, in general, is becoming more open to the concept of pre-marital sex and live in relationship. This is leading to slowly lifting-off the taboo surrounding it.
The live in relationship rules & regulations in regards to this matter is very stringent and strict. Live in relationship sex or cohabitation with any married party is completely illegal and criminal in nature. The aggrieved party can file for a criminal case of adultery under section 497 of the Indian Penal Code. The aggrieved party may also file for divorce on the grounds of his/her partner having an illicit relationship.
The Supreme Court judgement on live in relationship in the case Indra Sarma vs. V.K.V. Sarma states that co-living relationship can be broken down into five distinct ways:
- Firstly, according to the court, any domestic cohabitation between an adult male and an adult female who are unwed is the simplest form of relationship.
- Second, comes the cohabitation between a married man who is an adult and an unwed adult woman or vice versa.
- It is important to mention about live in relationship, that cohabitation is taking place with mutual consent.
- The Supreme Court has made it very clear that any domestic relationship with a married individual will tantamount to adultery. So, even if the cohabitation happens unknowingly can act as a ground for divorce.
- Lastly, the apex court also speaks about the domestic cohabitation which takes place between homosexual partners.
Pros of co-living relationship include:
Lesser responsibilities: One of the major positives of being in a live in relationship is the fact that there are fewer responsibilities. There is no social or legal bond when it comes to living together. Marriage does involve a lot of compromises which can be avoided in this scenario.
Low legal Issues: There are lower legal issues when it comes to a living relationship. Divorce is one of the ugliest legal issues when it comes to marriage. As far as live in is concerned such legal hassles can be avoided. A couple can simply move on rather than being in a suffocating relationship.
Financial Freedom: Another excellent advantage of a live in relationship is the aspect of financial freedom. One can easily divide expenses when it comes to a live-in relation. This concept is rather difficult when it comes to marriage.
Cons of co-living relationship include:
Social Censure: One of the major cons of being in a live-in relationship is the fact that society scorns upon the whole concept. Live in relationships as of yet have still not been accepted in most parts of the society, especially in India.
Lack of Commitment: It can be stated that one of the biggest advantages of a live-in relationship is also one of its largest disadvantages. There is a lack of commitment when it comes to the co-living relationship. This is why most of them are so short lived. The likelihood of one getting out of a live-in relationship is as quick as one entering into one.
Live-ins is not a new phenomenon in India. Apart from it going on in hushed or open ways in cities, it has been the standard norm in many of our tribes, some of which believe that the contemporary marriage system brings with it “several impositions, especially on women.” In fact it was to secure the rights of tribal women in live-in relationships that the Madhya Pradesh State Women’s Commission had recommended that such unions be accorded legal status. That more and more people are opting for it due to their own respective reasons is attested by the fact that the internet has extended its matchmaking services to include finding live-in partners. In the year 2011, an NGO in Ahmedabad organized a first-of-its-kind event to help single senior citizens find companions. So clearly living together goes much beyond the simplistic notion of “the rebellion of youth.”
Contrary to popular belief, live-ins is not devoid of work but confer much more responsibility upon both the partners since in many ways they are on their own. In such circumstances, it is best to apprise oneself of the socio-economic-legal aspects (like the guidelines for when the relationship would be seen as being in the nature of marriage to be covered under the 2005 Act), and go in prepared.
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