Maintenance in live-in-relationship

Introduction

When a man and a woman, who are 18 years old or more, live together without marriage,
with their consent, its known as live-in-relationship. The concept of live in relationship is not
defined anywhere in law in India but there are various judgments or judicial precedents
regarding it.

Indian society adopts its customs and cultural for a long time. And it is not easy to change
and adopt new cultural quickly. But with development of society, there many things are
changed or changing.

Now-a-days its very common practice in India. Everyone is aware about their rights
prescribed by law. Live in relationship is legal in India and no one can restrict another to live
with his/her partner.

The couple who are involved in live-in-relationship for a long period, will treat as a married
couple and their children would be called legitimate.

Although in Indian societies it is immoral to live with a man/ woman without marriage but in
legal system it is not illegal. Article 21 of the Constitution of India provides that all person
has a right to life and liberty, except according to procedure established by law.

However there is no specific law regarding maintenance in live-in-relationship but under

section 125 of the Code of Criminal Procedure, 1908, a woman who is in live-in-relationship
can claim maintenance from her mate.

There is also a provision regarding it under the Protection of Women from Domestic
Violence Act, 2005 which provides for the protection, maintenance and a right of palimony to
the female partner in a live-in-relationship, on her complaint. Palimony is form of alimony
paid to a former partner in a non-martial relationship (1).

Section 2(f) of Prevention of Domestic Violence Act, 2005 defines domestic relationship as ‘
a relationship between two persons who live or lived together, at any point of time, in a
shared household, when they are related by consanguinity, marriage, or through a relationship
in the nature of marriage, adoption or are family members living together as a joint family’.

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In modern era there is a need to understand this concept of live in relationship. In this Article
we will discuss about live in relationship, its evolution and its need, maintenance in live in
relationship, rights and obligations of couple involved in live in relationship and rights of
their children.

Meaning and need of live in relationship

In legal sense, the term live in relationship means the arrangement of living under which the
couple live together without marriage. Now-a-days there is a mentality of young people that
we have to marry a person, we know and for that there is a need to live together for sometime
and then if we will succeed, we would get married.

In this modern era no one knows whether the marriage would be succeed or not. For
understand each other’s thoughts, views, habits and maintain balance, youngers choose to
live in relationship before marriage.

Due to increasing rate of dearness and to avoid heavy rent of buildings or rooms some people
also look after to live together. While living together, the burden of other expenses also
decreases.

The Indian society moves towards the modernization but some people are remain unchanged.
They are against to marriage in other caste or love marriage. This is also a reason for people
choose to live together. They hide their love from family to avoid conflict and live together
without inform their family. And after complete their studies or after success, they go to
another State or country.

With the emerging time people think that the marriage is just a waste of time and money and
if people want to be with each other, trust each other, they can live with each other in any
condition even without the marriage.

In live in relationship there is no family drama, it is a walk in and walk out relationship. But
in the case of Madan Mohan Singh v. Rajni Kant, 2010 (2), it was held that the live in
relationship , if continued, cannot be termed as walk in and walk out relationship and there is
a presumption of marriage between the partners.

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Who can be a couple in live in relationship

A man and woman who are major and unmarried or divorced or his/her spouse dead, with
consent, can live together without marriage. The consent should be free, it cannot be taken
under coercion or undue influence or fraud.

There are certain conditions are set up to get recognized as ‘in the nature of marriage’, by the
Supreme Court in the case of D. Velusamy v. D. Patchaimal, 2010 (3):-

1) The couple must hold themselves out to society as being akin to spouses.
2) They must be of legal age to marry.
3) They must be otherwise qualified to enter into a legal marriage, including being
unmarried.
4) They must have voluntarily cohabited.

The couple should be of sound mind and capable to understand the nature of the activities in
which they are involved. They must be otherwise qualified to enter into a legal marriage.

Can a married man/ woman can be in live in relationship :-

To be in live in relationship, the couple should be unmarried or divorced or her/his spouse

dead. If a married man/ woman starts living together with a woman/ man other than his wife/
her husband, without giving divorce to his/ her spouse, its called adultery.

Section 497 of the Indian Penal Code, 1860, deals with adultery but now it is stuck down by
the Supreme Court in the case of Joseph Shine v. Union of India, 2018. And no longer is an
offence. But still it can be used as a ground of divorce.

Right to maintenance in live in relationship :-

It is only the woman who can claim maintenance in live in relationship under the Prevention
of Domestic Violence Act, 2005. There is no such relief available to men in live in
relationship under the Prevention of Domestic Violence Act, 2005.

It is Marvin v. Marvin, Calofornia, U.S. (4) case in which the term palimony was conceived
for first time. It is the word combined with the words ‘pal’ and ‘alimony’.

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In India, the Malimath Committee (5) on Criminal Justice, felt for such relief, which
recommended amendment in the definition of the word ‘wife’ in the section 125 of the Code
of Criminal Procedure, 1908, so as to include woman who was living with the man as his
wife for a reasonably long period of time.

In the section 125 of CrPC also only the woman is entitled to claim maintenance in live in
relationship. Man is deprived from the such relief.

It was also held by the Supreme Court that if a man and a woman are living under the same
roof and cohabiting for a number of years, there will be presumption under the section 114 of
the Evidence Act that they live as husband and wife and the children born to them will not be
illegitimate, in the case of SPS Bala Subramanyam v. Sruttayan. (6)

A child born out from the live in relationship is entitled to get maintenance under the section
125 of the Code of Criminal Procedure but he is not entitled under the section 21 of the
Hindu Adoptions and Maintenance Act, 1956.

A child born out the live in relationship is not deprived from the right to inheritance under the
Hindu Succession Act, 1956. Article 39 (f) of the Constitution of India also supports the
development of child even he is not born out marital relationship.

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Conclusion

The live in relationship is not an offence in India but it is deemed as immoral. Indian society
is emerging time to time but it is not easy to adopt new things quickly. Like everything, there
are also advantages and disadvantages of this modern cultural. But if we look at this concept
there are various things we should adopt and also legally recognized. Now the law related to
live in relationship is also interpreting. Woman and child born out form the live in
relationship, are entitled to get maintenance under many provisions of the Indian law. In the
Author’s opinion, its important to change our mentality and customs a little bit with the
emerging time.

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Reference

1) Live in relationship and status of women in India, Wazida Rahman, International

journal of law and legal jurisprudence studies, last seen 01/08/2021.
2) Madan Mohan Singh v. Rajni Kant, 2010, civil appeal no. 6466 of 2004
3) D. velusamy v. D. Patchaiammal, 2010, Crl appeal nos. 2028-2029 of 2010
4) Marvin v. Marvin, L.A. No. 30520, Supreme Court of California, December 27, 1976
5) Dr. Justice V.S. Malimath Report, Committee on Reforms of Criminal Justice System,
Government of India, Ministry of Home Affairs, Report Vol 1; March 2003,
https://www.Mha.gov.in/sites/default/files/criminal_justice_system.pdf , last seen on
01/08/2021.
6) S.P.S. Bala subramanayam v. Suruttayan, 1993, 1994 AIR 133, 1994 SCC (1) 460.

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