Legal Status of Live In Relationships in India

Marriage or matrimony is a sacred union between two people that establishes rights and obligations between them as well as in-laws. This concept of marriage and relationships has evolved overtime with the changing mindset of the society. Live in relationships are one such concept wherein two people live together outside of marriage. This relationship is in the nature of marriage but is not like marriage. This kind of relationship is considered an ill omen in our Indian society. There are no laws for live in relationships in India but the Supreme Court has legalised live in relationship and stated that two people who have lived together for a long time will be considered as legally married until proven otherwise.

Nowadays live in relationship has become a common practice among couples who have commitment phobia. They become reluctant to marry as they are already living together and also because it is the easiest relationship to walk out of since it does not involve a messy divorce. The Delhi High Court has stated in a judgment that live in relationship is basically a "walk-in and walk-out relationship". 

LEGAL ASPECTS

The Protection of Women from Domestic Violence Act 2005 defines "domestic relationship" as a relationship between two people who are currently living or have lived together in a shared household when they were related by marriage, consanguinity or through a relationship in the nature of marriage, adoption or as members of a joint family.

Under the Act, before asking for any relief for damages caused due to injuries from acts of domestic violence, it is important that partners in a live in relationship be proved otherwise protection cannot be sought. The Supreme Court in Indra Sarma v. V.K.V. Sarma [(2013) 15 SCC 755] held that a person knowingly living with another married person cannot be considered to be in a live in relationship. There are five illustrative examples where live in relationship can or cannot be proved in a court of law

1. Domestic relationship between unmarried adult male and unmarried adult female will be considered as a live in relationship and also come under the relationship in the nature of marriage.
2. Domestic relationship between an unmarried woman and a married adult male. Situations may arise when an unmarried adult women knowingly enters into a relationship with a married adult male. In this case, it cannot be considered as a live in relationship and therefore cannot come under the ambit of relationship in the nature of marriage.
3. Domestic relationship between a married adult woman and an unmarried adult male: Situations may also arise where an adult married woman, knowingly enters into a relationship with an unmarried adult male, the question is whether such a relationship would fall within the expression relationship “in the nature of marriage”.
4. Domestic relationship between an unmarried woman unknowingly enters into a relationship with a married adult male. If an unmarried woman unknowingly enters into a relationship with a married man then this relationship can come under the ambit of domestic relationship and may be considered as a relationship in the nature of marriage.
5. Domestic relationship between same sex partners i.e. gay or lesbians will not come under live in relationship and therefore will not come under the ambit of relationship in the nature of marriage.

The aggrieved person cohabiting can file an application before the Judicial Magistrate of First Class seeking monetary relief or damages for the injuries caused to that person by the acts of domestic violence. The monetary relief asked for by the aggrieved person may include but not limited to:

1. Loss of earnings
2. Medical expenses
3. Loss due to destruction, damage or removal of any property from the aggrieved person's control
4. Maintenance of the aggrieved person as well as her children, if any

The monetary relief should be adequate, fair, reasonable and consistent with the aggrieved person's standard of living. 

CONCLUSION

Legal status of live in relationship have progressed gradually but it will still take a lot of time for people to accept such a relationship. This kind of relationship is considered immoral but is not illegal. This relationship has its own set of advantages and disadvantages depending on the nature of the expectations of the couple. It can be blissful as well as traumatic for both people. Accepting live in relationship will be a huge step forward for traditional Indian society where premarital sex is considered a taboo. A huge appreciation should be given to the Indian courts who are trying to change the mindset of the people by giving positive judgments on the same. Such efforts will sooner or later bring a positive change in the attitude of the people towards live in relationship.