Context: The Lucknow bench of the Allahabad High Court made a significant ruling regarding live-in relationships within the context of Islamic law.

Live In Relationships

• In traditional Indian society, marriage holds a sacred position, embodying principles of tolerance and shared responsibilities.

• Over generations, individuals have adhered to these principles, considering it their duty to uphold them upon entering marriage.

• However, as society progressed and modernized, a segment of the youth began to view marriage as burdensome, seeking alternatives that would provide companionship without the formalities and commitments associated with marriage.

• This led to the emergence of live-in relationships as a contemporary concept in India.

Case Background

• A writ petition was filed by Sneha Devi and Mohammed Shadab Khan seeking protection from police action after the woman’s parents filed a kidnapping case against Mr. Khan.

• The couple claimed to be adults in a live-in relationship and sought protection under Article 21 of the Constitution (protection of life and personal liberty).

• The judges, however, stated that Islamic tenets do not permit live-in relationships during the subsisting marriage. The position may be different if the two persons are unmarried and the parties being major choose to lead their lives in a way of their own.

• The Court observed that constitutional and social morality in the matter of marriage institutions must be balanced, failing which social coherence for achieving the object of peace and tranquillity in society will fade and disappear.

• The court added that the constitutional protection under Article 21 of the Constitution of India would not lend un-canalised support to such a right.

Recent interventions regarding live-in relationships

• In November last year, the Supreme Court stayed orders passed by lower courts, and the Gujarat High Court awarded maintenance to a woman from the man she had been living with.

• The top court order came after a Surat-based man challenged the High Court order, arguing that their relationship could not be termed a domestic relationship as they were both married to other people at the time of cohabitation.

• In the same month, the Punjab and Haryana High Court stated that a couple living together without obtaining a divorce from their previous spouse could not be classified as being in a “live-in relationship” or being in a union similar to marriage.

• The court even felt that such an arrangement would amount to the offense of bigamy under Sections 494/495 of the Indian Penal Code.

• Uttarakhand’s Uniform Civil Code (UCC) seeks to make mandatory registration of live-in relationships with the state administration. Failure or even delay in initiating the proceedings would invite a jail term as well as a fine. Couples planning to or already in live-in relationships will have to register with district officials.

What have the Courts said about live-in relationships?

• India does not have any laws that directly address a live-in partnership. As per the Supreme Court, for a man and a woman to live together is part of ‘the right to life’; therefore, a live-in relationship is no longer an offence.

• The Supreme Court, in its various judgments, has stated that if a man and a woman live together as a husband and wife in a long-term relationship and even have children, the judiciary will presume that the two were married and that the same laws would apply to them and their relationship.

• The concept of a live-in relationship was recognised in Payal Sharma versus Nari Niketan by the Allahabad High Court. The judges felt that a man and a woman, even without getting married, can live together if they wish to. Society may consider this immoral, but it is not illegal. There is a difference between law and morality.

Legal framework for live-in relationship in India

• There is no specific provision for live-in relationships under Indian law. However, some of the provisions that relate to it are:

• Hindu Marriage Act, 1955: The act provides for the registration of marriages and also recognizes a woman's right to maintenance from her husband in case of separation. While it does not recognize live-in relationships as a valid union, the courts have held that a woman in a live-in relationship can claim maintenance under the Act if she is able to prove that the relationship is akin to a marital relationship.

• Domestic Violence Act, 2005: The act provides protection to women in domestic relationships, including those in live-in relationships, against violence and abuse. The act recognises live-in relationships as a relationship in the nature of marriage and provides protection to women in such relationships.

• Protection of Women from Domestic Violence Rules, 2006: The rules made under the Domestic Violence Act provide for the procedure for the application for protection orders, residence orders, and monetary reliefs by women in live-in relationships.

• Protection of Women from Domestic Violence (Amendment) Act, 2013: This amendment to the Domestic Violence Act, 2005, includes "relationship in the nature of marriage" within the definition of "domestic relationship." This includes live-in relationships, and women in such relationships are entitled to protection under the Act.

Landmark Judgement For Live-in Relationship

• D. Velusamy v. D. Patchaiammal (2010): In this case, the Supreme Court of India laid down certain criteria to determine whether a relationship between two adults who are not married qualifies as a "relationship in the nature of marriage" and is within the ambit of a domestic relationship under the Protection of Women from Domestic Violence Act, 2005.

• S. Khushboo v. Kanniammal & Anr. (2010): In this case, the Supreme Court held that live-in relationships are not illegal or immoral and that adults have the right to live together even if they are not married.

• Indra Sarma v. V.K.V. Sarma (2013): In this case, the Supreme Court held that a woman in a live-in relationship is entitled to protection under the Domestic Violence Act, 2005, and is entitled to maintenance if the man deserts her or refuses to maintain her.

• Payal Sharma v. N. Talwar (2018): In this case, the Delhi High Court held that a woman in a live-in relationship is entitled to the same rights as a legally wedded wife under the Hindu Marriage Act, 1955 and that a child born out of such a relationship is entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956.

• Lalita Toppo v. State of Jharkhand (2018): In this case, the Supreme Court held that a couple in a live-in relationship can be deemed to be married if they have lived together for a long time and have been accepted by society as a married couple.

Challenges Faced By Couples In Live-in Relationship In India

• Social stigma: Live-in relationships are not widely accepted in Indian society, and couples may face social stigma and disapproval from family, friends, and society.

• Lack of legal protection: Live-in relationships are not legally recognised in India, and couples do not have the same legal rights as married couples. They may not be entitled to property rights, inheritance, or maintenance in case of separation.

• Financial instability: Couples in live-in relationships may face financial instability due to lacking legal recognition and protection. In case of separation, they may not have any legal claim to their partner's property or assets.

• Domestic violence: Women in live-in relationships may be vulnerable to domestic violence, and they may not have legal protection against such violence.

• Lack of social security: Couples in live-in relationships are not entitled to social security benefits like married couples, such as health insurance, pension, or other benefits.

• Family pressure: In India, family often plays a significant role in individuals' personal lives. Couples in live-in relationships may face pressure from their families to get married or to conform to traditional societal norms.

Future Perspective Of Live-in Relationship In India

• Legal recognition: There is a demand for legal recognition and protection of live-in relationships in India. While the Supreme Court of India has provided some legal protection to women in live-in relationships, there is a need for comprehensive laws to address the legal and social issues faced by couples in such relationships.

• Changing societal norms: Indian society is undergoing a gradual shift towards more liberal and progressive values, and there is increasing acceptance of personal choices and alternative lifestyles. This may lead to greater acceptance of live-in relationships in the future.

• Generational differences: Younger generations in India are more open-minded and liberal than previous generations, and they may accept live-in relationships as a lifestyle choice.

• Economic factors: As the economy grows and more people become financially independent, there may be a shift towards non-traditional living arrangements like live-in relationships.

Conclusion

• Overall, the legal framework for live-in relationships in India is still evolving, and more comprehensive laws and policies are needed to address the various issues and challenges faced by couples in such relationships.

• In conclusion, Indian society reveres marriage as a sacred institution, often viewing deviations from tradition as sinful.

• Live-in relationships, representing a departure from this tradition, offer a gradual shift in societal attitudes.

• While misconceptions and challenges persist, judicial recognition of such relationships reflects evolving perspectives, particularly among younger generations.

• As discussions about legal recognition continue, the need for nuanced policy considerations becomes increasingly evident in navigating the complexities of modern relationships within the framework of traditional values.