Live in Relationships in India – Legal Rights of a Woman

The way the current generation views relationships has really undergone a significant shift in India. The stigma that formerly followed people before moving in has begun to disappear as society becomes more accepting of live-in relationships. Additionally, it is not a means of avoiding obligations; rather, it is an effort to get to know your spouse better and gauge compatibility in order to avoid divorce.

When two individuals who have been in a romantic and sexual relationship as partners for a significant amount of time and or permanently decide to live together without being married, such cohabitation arrangement is known as a live-in relationship.

The Indian Constitution’s Articles 19(a), which protects the freedom of speech and expression, and Article 21, which protects the right to life and personal freedom, are the legal foundations for live-in relationships. It is crucial to understand the legal rights especially that for women who are in the Live-In-Relationship as they are most often the complainants and victims of violence by their intimate partners in Live-In-Relationship.

Shraddha Walkar’s brutal murder by her live-in partner stunned the country. The topic of intimate partner violence and prevention strategies has been brought up in the conversation on both the social media and the national prime time debates. The victims’ most common piece of advice is to “walk out,” which dominates these advices and debates. But is it not that easy to just leave an abusive relationship.

In India, the decade of 1970 was a turning point in the acceptance of live-in relationships. The Supreme Court in its Landmark Judgement of “Badri Prasad v. Board of Consolidators” in 1978 declared that if a man and a woman have lived together as husband and wife for a significant amount of time, there is a presumption of marriage. Fast forward the raise of 21^st Century another landmark judgement was pronounced by the Allahabad High Court in the matter of “Payal Sharma Vs Nari Niketan”, the importance of this judgement is that the court drew a distinction between Law and Morality. In 2006, the Apex court ruled in the case of “Lata Singh vs State of UP” that two people of Opposite sex living together are not doing anything illegal.

Further to the criteria set in Velusamy vs Patchiammal which was related to Age of Marriage, Cohabiting for a long time, and appearing to the society as spouses, The Supreme Court then rendered a crucial decision in the case of “Indra Sharma vs. VKV Sharma” in 2013, outlining the requirements for a live-in relationship to be awarded the status of marriage with an exception that, if either of the partners is already married to someone else, can’t fall under the category of marriage although living in together, it will be considered Adultery or Bigamy.

What are the Legal rights for a Woman in Live – In – Relationship

Right of Protection Against Domestic Violence by the Intimate Partner
Right to claim Maintenance from Live-in-Partner
Right of Residence in the Shared Household
Right to Legal Status for the child born from Live-in-Relationship
Right to Visa Extension of a Live-In-Partner
Right to seek Monetary relief due to loss of earnings, medical expenses etc..,
Right to seek Compensation Orders for suffering emotional/mental distress
Right to seek Interim Ex-Prate Orders and also Protection Orders

Where can are such Legal Rights for a Live-In-Partner can be Exercised

The aggrieved woman can approach the court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which :

She permanently or temporarily resides or carries on business or is employed; or
The Respondent resides or carries on business or is employed; or
The cause of action has arisen

Some Landmark Citations that can be referred to build your case in case you are an aggrieved person suffering injustice in a Live-In-Relationship :

Payal Katara vs. Superintendent, Nari Niketan
Guljar Khan v/s The State of Madhya Pradesh
ShahjahanS Khan vs State Of Uttar Pradesh
Lata Singh vs State of Uttar Pradesh
Gayathri vs State of Rajasthan
Khushboo vs Kanniammal
Badri Prasad vs Dy. Director of Consolidation
SPS Balasubramanyam vs Suruttayan
Indra Sharma vs VKV Sharma
Himani vs State of Haryana
Rajnesh vs Neha
Ajay Bharadwaj vs Jyotsna
D.Velusamy vs D.Patchiammal
Abhijit Bhikaseth Auti v. State of Maharashtra,
Tulsa vs Durghatiya
Kattukandi Edathil Krishnan vs Kattukandi Edathil Valsan
Madan Mohan Singh vs Rajani Kant
Bharatha Matha v. Vijeya Renganathan
Svetlana Kazankina vs Union of India
Chanmuniya vs Virendra Kumar Singh Kushwaha

While the above few shall surely come handy, there are plenty of judgements pronounced to protect the rights of women who are in Live-In-Relationship, both the Legislative Acts and Constitutional remedies can be exercised by a woman who happens to believe her rights in a live-in-relationship are infringed.

Conclusion

The institution of marriage no longer controls people as tightly as it did in the past as a result of cultural development. We are witnessing the birth of new and diverse types of companionships and cohabitation with various components, purposes, and durations all over the world. One of the more well-known types is the live-in relationship.

The Courts time and again have voice out the importance of Duration of Relationship, Shared Household, Financial and Domestic Arrangements, Sexual Relationship, Children, Intention and Conduct of Parties in the Society as acceptable evidences to prove that such partners carry a relationship which can be equated to that of a married relationship and protects the rights of such individuals in this relationship.

Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.

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