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Socio Legal Aspect of Live-In Relationship
Socio Legal Aspect of Live-In Relationship
For a very long time, the idea of having a partner who lives with you was disapproved upon in
Indian society, and the practice itself was considered taboo upon. Even though it's not
prohibited, Indians consider staying together before marriage a sin. In Indian culture, marriage
and family are paramount. Indian culture emphasizes more on religion and family. The concept
of a live-in relationship has brought a new layer to the man-woman connection, particularly in
societies where marriages are viewed as a societal basis for legalizing a man-woman
connection. Indian culture is dynamic and always evolving. There has been a lot of change and a
lot of impact from the West on its customs and habits. Women in India work nights in BPOs and
contact centres to support their families, migrate across the nation to find better jobs and much
more. Western civilization and individual independence outside of society and family have
grown increasingly appealing to people. One of these changes is in the way people see their
relationships. Having a sense of community and being loved is what most individuals yearn for,
yet many find the commitment required by marriage to be too much to handle. Alternatively, a
partnership without the obligations and responsibilities of marriage can exist. Since live-in
relationships have just recently gained popularity in India, several important considerations
have been raised about their potential effects on culture. This paper will deal with the new
emerging concept of live-in relationship and its social and judicial approach. How law deals
with this type of relationships which is still at a nascent stage in India. This paper answers to the
question of legitimacy of the child born out of wedlock. This paper also gives a jist about the
horrific case of Shraddha Walker
India is well-known for its democratic system and family dynamics. Individuals place a high
value on family, and this is shown by the fact that for the perfect Indian, family is the first and
foremost concern. The level of trust and reverence that people place in marriage is the primary
cause. The most significant advantage that this multicultural nation possesses is the social
institution of marriage. People of all faiths agree that marriage is fundamental to a strong
community and those moral norms and traditions should be protected.
In light of the changes that are taking place around the globe, the concept of live-in relationships
has become widely accepted in India. Slowly but surely, India is becoming more accepting to
modern ideas and lifestyles. Many negative aspects of India's social dynamics have been
minimized as time and modernization have progressed. The long-held notions of Indian society
and cultural practices have been challenged on numerous occasions by court decisions. The
decriminalization of IPC sections 377 and 497 shows how Indian laws have changed with
society.
Through a process of making changes, the law takes its very own time to reflect these shifts in
society. Because of this, laws simply cannot be allowed to remain unchanged in a society that is
always altering. If one explores the historic context of Hindu law, it becomes evident that the law
has never been static and has developed over time to face the challenges posed by a changing
social pattern in different eras. However, there are certain aspects of society that are still not
generally recognised and are seen through the lens of patriarchy. One such aspect is
relationships, which provides an excellent example. While some in India have come around to
embracing the notion, there is still a sizable minority that do not.
The term "live-in" generally refers to the setting were two individuals live together and they do
not have any plans or contention to develop a permanent relationship. A live-in relationship is
an unofficial agreement between two heterosexual adults to live together outside of official
institutions such as marriage. This is become a common substitute for marriage, particularly in
urban areas. As a consequence of rapid urbanization and the cultures of large metropolitan
Living together as a couple is a frequent and socially-favored arrangement in rest of the world.
The notion of live-in relationships is not new to western nations, but it is now gaining traction in
the east. The phrase "living in" is debatable in eastern nations. In the eyes of the law, a
"Live-in relationship" is "an arrangement of living under which the couples who are not
married live together to initiate a long-going relationship similarly as in marriage.1"
These kinds of partnerships are legal in certain areas of the globe, but are severely frowned upon
in others. It has been shown that the younger generation is more receptive to live-in
relationships. “Cohabitation is an arrangement in which two individuals opt to live together on a
long-term or permanent basis in an emotionally and/or sexually intimate relationship. The word
usually refers to unmarried couples”.
Being pretty revolutionary, the notion of live-in partnerships has been met with considerable
criticism from those who see it as an unethical connection that might damage the social fabric of
the country. In a country like India, where the social and cultural setting see marriage as an
unquestionably sacred institution the concept of live in is a foreign one. These connections are
connected with promoting a lack of responsibility, commitment, and tolerance, as well as
condoning disregard towards social ties. Some people assume that sexual desire is the major
driver of live-in partnerships. This approach is clearly simplistic, but it is important to emphasize
that the fundamental goal of marriage in the majority of societies was also to legitimize sexual
relationships. Indian people oppose to the idea of live in relationships because they feel that such
kind of connection is against their culture and traditions; such kind of partnership may affect and
are against the values and ‘sanskar’ of the family. According to the society, an ideal relationship
is where the two people marry by their parents’ choice and live together for the rest of the life
1
Live- in- relationship and its role in social transformation, Vijay Kumar
Available at : file:///C:/Users/Lenovo/Downloads/Live_in_Relationship_and_its_role_in_soc.pdf
Family is the most important social institution in India, serving as a shelter of tradition and
morality that must be guarded against modernization and moral degradation. Many Indians
dislike for such partnerships comes from the rigid hyper-nationalist Indian-Western divide that
persists in their thinking to this day. Families go too far in opposing partnerships like live-ins.
Sometimes families do break all their ties with people who go for a live in relationship, in some
cases they are married to some other person and in some cases they even murder that person.
One of the most extreme and sometimes lethal forms of oppression that live-in couples in India
encounter comes from members of their own families, who may resort to violence or even
murder in an apparent effort to save the "family honor" of the couple. This societal disapproval is
fuelled by worries about adultery, bigamy, and related issues. These cases are too numerous to
be ignored, and the courts' routine rejection of live-in couples' appeals for protection further
aggravates the issue. The right to life is absolute and should be protected in all situations,
regardless of how unclear the law may be on live-in relationships.
Much debate and discussion has occurred in Indian culture around this topic, as with any other
non-conformist, non- traditional concept. As public opinion of live-in relationships may have
concrete effects on the laws governing them, this issue is crucial.
According to Article 213 of the Indian Constitution, all people have the "right to life and personal
liberty4," the liberty to live whatever kind of life they desire. While a live-in relationship may be
considered immoral by more orthodox sections of Indian society, but it is not technically
unlawful as it is, "legal" in the eyes of law of our country.
2
http://racolblegal.com/live-in-relationship-socio-legal-aspects-of-india/
3
Live- in- relationship and its role in social transformation, Vijay Kumar
Available at : file:///C:/Users/Lenovo/Downloads/Live_in_Relationship_and_its_role_in_soc.pdf
4
https://indiankanoon.org/doc/1199182/#:~:text=21.,to%20procedure%20established%20by%20law
The Protection of Women from Domestic Violence Act of 2005 6 offers some relief for those
female abused in live-in or similar relationships. Some provisions under CrPC also give relief to
the sufferers. Even though the law is still vague on the subject of the legality of such
relationships, certain measures have been established via research and amendments to the
legislation to help guarantee that the parties involved do not abuse their relationship. For
example, the Protection of Women from Domestic Violence Act of 2005 7 offers some relief for
those female abused in live-in or similar relationships. Some provisions under CrPC also give
relief to the sufferers. Below are the relevant laws and regulations:
Several Supreme Court rulings, including S. Khushboo v. Kanniammal and Anr (2010)8, have
ruled that the right to life and personal liberty guarantees the unrestricted right to reside with
one's partner or right to cohabit. Article 219 of the Indian Constitution guarantees this
fundamental right.
5
Socio-Legal Dimensions of Live-In-Relationships in India Dr. Rabbiraj. C
Available at: https://www.iosrjournals.org/iosr-jhss/papers/Vol19-issue7/Version-6/D019762529.pdf
6
https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act
%2C_2005.pdf
7
https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act
%2C_2005.pdf
8
https://indiankanoon.org/doc/1327342/
S. Khushboo v. Kanniammal, (2010) 5 SCC 600
9
https://www.constitutionofindia.net/constitution_of_india
According to Section 2(f) of the Domestic Violence Act, 2005, a domestic relationship is defined
as a partnership "in the nature of marriage" between two persons who reside together 10. “A
domestic partnership is considered as the relationship between two people who are related by
consanguinity, marriage, or a relationship in the nature of marriage or adoption and who live in
the same home or who have lived in the same household at any point in time11”.
The phrase "relationship in the nature of marriage," which is part of the definition of domestic
relationship, is given a broad interpretation by the Indian judiciary, which presupposes that the
statement includes live-in relationships because the terms "nature of marriage" and "live in a
relationship" are similar in Indian law.
The presence of adult heterosexual relationships outside of marriage was not recognised by the
law until the Domestic Violence Act of 2005. This act defines a "aggrieved person" as any
woman who is, or has been, in a domestic relationship with the accused and charges him
of domestic abuse.
Section 125 of the Criminal Procedure Code 12 permits a husband who refuses to support his wife
to be sued for maintenance. According to the Malimath committee's recommendations 13, the law
presumes that a woman who has been in a stable, long-term live-in relationship with another
person is to be considered as the other person's wife and is entitled to all of the legal rights of a
wife.
“The principal motives for expanding Section 125, scope to include live-in partnerships are to
protect women from domestic abuse and to elevate the legal status of partners in such
relationships to that of married couples”14.
10
http://student.manupatra.com/Academic/Studentmodules/Law-of-Crimes/Protection-Of-Women-From-Domestic-
Violence-Act-2005.htm
11
Live in realationship: A study on legal actions by Ms. Anupama Yadav, Dr. Anand Kumar
Available at: https://ijcrt.org/papers/IJCRT2108495.pdf
12
https://legislative.gov.in/sites/default/files/A1974-02.pdf
13
https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf
14
Live in realationship: A study on legal actions by Ms. Anupama Yadav, Dr. Anand Kumar
Available at: https://ijcrt.org/papers/IJCRT2108495.pdf
V. JUDICIAL APPROACH
As such, the judicial perspective on live-in partnerships is not fixed but rather developing. It
varies depending on a wide range of variables. With its rulings, the Supreme Court has extended
the scope of a live-in relationship and developed guidelines and standards for regulating them.
Badri Prasad v. Dy. Director of Consolidation (1978) 16 - The legality of romantic partnerships
that include cohabitation was upheld by the Supreme Court in this case. In this particular
instance, a live-in relationship that spanned fifty years was considered to be within the legal
parameters. “As long as both parties are of legal marriage age, have given their complete
permission, and are of sound mind, then in that situation such relationship is lawful under Indian
law,” the Supreme Court declared.
The Supreme Court ruled in the case of Lata Singh v. State of Uttar Pradesh 17 that unmarried,
“heterosexual adults may engage in live-in relationships. Court ruled that a live-in relationship is
only lawful between two adults of different sexes, and if a married person engages in a live-in
relationship, it constitutes adultery under Section 497 of the IPC”. The Supreme Court of India
ruled in S. Khushboo vs. Kanniammal & Anr. 18 that a live-in relationship is legal only between
consenting adults of different sexes, referencing its previous judgement in Lata Singh vs. State of
U.P. & Anr.
15
https://indiankanoon.org/doc/1945115/
Abhijit Bhikaseth Auti v. State of Maharashtra, Crl. W.P. No. 2218/2007 MANU/MH 1432/2008
16
https://indiankanoon.org/doc/215649/
Badri Prasad vs. Deputy Director of Consolidation, 1978 A.I.R. 1557 (India).
17
https://indiankanoon.org/doc/1364215/
Lata Singh v State of UP, A.I.R. 2006 SC 2522 (India).
18
https://indiankanoon.org/doc/1327342/
In Pushpa Devi v. State of Punjab (2021)19, a 21-year-old woman and a 19-year-old boy
petitioned the court to preserve their live-in relationship from their families, who would
murder them for family honour. One of the applicants, a boy, was under the legal
marriage age of 21; hence their marriage application was denied.
As both petitioners are adults and have the right to choose, Judge Arun Kumar granted
them the right to life and personal liberty.
In Rohit Kumar vs. State of Chandigarh (2022) 20 and others, the Punjab and Haryana
High Court has prompted the Union Government to outline its plan for dealing with live-
in connections. “Noticing that no Act controls these connections and that formerly an
existent has achieved maturity in terms of the Majority Act, 1875( i.e., 18 times of age),
it would be challenging for a court to refuse the validity of a live- in relationship, the
Bench of Justice Amol Rattan Singh tried to seek a response from the centre by stating,
what is recommended is to make sure that youths with developing minds ( are of the
maturity age in terms of the above mentioned Act) would not start living together and
end up lamenting similar choices in life, causing major trauma to their parents and loved
ones.”
The Madhya Pradesh High Court said in Abhishek Chouhan v. State of Madhya Pradesh
(2022)21 that live-in relationships promote sexual activity and lascivious behaviour,
leading to sexual crimes, and so are a consequence of the constitutional right given under
Article 21 of the Constitution.
19
https://indiankanoon.org/doc/89480770/
20
Rohit Kumar vs. State of Chandigarh (2022) 114/7 CRWP-8809 of 2021
https://indiankanoon.org/doc/169608533/
21
Abhishek Chouhan v. Madhya Pradesh State (2022) M.Cr.C.No.29708 of 2021
https://indiankanoon.org/doc/52221880/
Any child born in India, regardless of whether their parents' marriage was invalid, voidable, or
lawful, is considered a legitimate child under the Hindu Marriage Act of 1955. As a result, there
is no requirement for a legal provision to grant the child legitimacy, but property and
maintenance provisions are given. According to a Supreme Court ruling in Radhika v. State of
M.P. AIR 200822, when a man and a woman have been cohabiting for a prolonged period of time,
the law treats them as married and recognizes their child as legitimate 23. Children born of such
marriages would no longer be considered illegitimate, as was determined by a Supreme Court
bench led by Judge Arijit Pasayat. As a result, the law prefers validity over "whoreson" or
"product of adultery."
Inheritance of property:
In the context of joint Hindu undivided family, the Supreme Court has ruled that children born to
unmarried couples have no legal right to inherit their parents' share of the coparcener’s/
ancestral property owned by either parent's ancestors. The child can only claim or ask for a share
in his/her parents self acquired property24. The bench also reversed one of the judgement
by Madras High Court, that children of unmarried cohabitants were entitled to inherit their
parents' estate on the grounds that the presumption of marriage is applied.
22
https://indiankanoon.org/doc/31165062/
Radhika v. State of M.P. AIR 2008
23
Live- in- relationship and its role in social transformation, Vijay Kumar
Available at : file:///C:/Users/Lenovo/Downloads/Live_in_Relationship_and_its_role_in_soc.pdf
24
https://lawstreet.co/judiciary/child-born-out-of-live-in-relationship-not-entitled-to-claim-inheritance-in-
ancestral-property/
Bharatha Matha and Anr. Vs R. Vijaya Renganathan and Ors, AIR 2010 SC 2685, 2010 (5) ALT 4 (SC),
2010 (6) SCALE 53
The first use of the word "Palimony" in legal context was in the 1976 case of Marvin v. Marvin 25
before the California Supreme Court. When a man with a woman has lived together for a long
time without being married abandons her, the male is legally obligated to provide her with
financial assistance known as palimony.
In 2003, after the suggestion of the Malimath Committee 29, Section 125 was incorporated into
the CrPC (Criminal Procedure Code) to modify the definition of "wife" to include women in
committed, long-term, close relationships. This ensured that her spouse would provide for her
basic necessities in case that she was unable to do it on her own or if the couple split apart.
25
https://www.lexisnexis.com/community/casebrief/p/casebrief-marvin-v-marvin
26
https://indiankanoon.org/doc/1949767/
27
https://www.briefcased.in/case-briefs/criminal-law/d-velusamy-v-s-d-patchaiammal/
2028-2029 Of 2010
28
https://legislative.gov.in/actsofparliamentfromtheyear/hindu-marriage-act-1955
29
https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf
For the sake of protecting women from domestic abuse, a bench headed by Hon'ble Justice K. S.
Radhakrishnan in 2013 established rules to include live-in relationships within the expression
"relationship" as it pertains to marriage. In Indra Sarma vs. VKV Sarma 2013 30, the Supreme
Court ruled that the “Protection of Women from Domestic Violence Act” applies to female
partners in live - in. The Act safeguards women from their male partners and relatives who may
be abusive in shared households.
The Supreme Court ruled in favour of a live-in partner's right to maintenance under the
Protection of Women from Domestic Violence Act, 2005 in the case of “Lalita Toppo vs. The
State of Jharkhand and Anr”31.
The bench that consisted of the former Chief Justice of India Ronjan Gogai, Justice Uday Umesh
Lalit, and Justice KM Joseph noted that the victim, an estranged wife or live-in partner, would be
eligible for additional relief under the Domestic Violence (Care and Protection) Act, 2005, in the
form of a shared household as well, in comparison to what is covered by Section 125 of the Code
of Criminal Procedure, 1973.
30
https://indiankanoon.org/doc/192421140/
31
https://indiankanoon.org/doc/6354756/
Criminal Appeal No(s). 1656/2015
The accused and the dead started communicating through a dating site. They started dating in
2019, and by 2022 they had relocated to New Delhi. After an argument with her family,
Shraddha Walkar decided to pursue a live-in relationship. The accused, Aaftab Amin Poonawala,
was not welcomed by Shraddha's family because of his religion. Shraddha, however, ignored her
parents' wishes and chose to move in with Aaftab instead. While they did not get married, they
eventually began living together.
Shraddha tried to even contact her father for help, but eventually could not get the help. It was
found around 50000 was transferred from Shraddha's Bank account to Poonawala's account.
One of the friend said that she wanted to get out of the relationship because she felt like hell in
the toxic relationship. A friend of theirs has said that at first, the pair seemed very happy in their
relationship. Whereupon, Poonawala began to physically abuse and mentally torture her.
Aaftab strangled his live-in girlfriend Shraddha Walkar, chopped her into 35 parts, and then
dumped them all around the nation's capital. He allegedly stored it in a 300-liter fridge at his
home in Mehrauli, south of Delhi, for about three weeks before dumping the contents sometime
after midnight on several days. He was arrested November 12. Aaftab asserts, despite this, that
the act was carried out owing to the intensity and heat of the situation.
IX. CONCLUSION
As said, there is a shift in society's perspective of life style, and the law is reacting by providing
judgements that reflect the new reality. There has always been a problem with domestic abuse in
marriage, which is why laws have been passed to safeguard women. Even in live-in
relationships, partners have experienced severe violence (case as stated above - Shraddha
walker). The judicial system has been active in stating the rights of women in live-in
relationships.
The times call for a societal shift, as the globe has progressed and developed, so must its people.
Notwithstanding the fact that the Supreme Court of India has ruled that cohabitation is not
unlawful, a dedicated legislation addressing the issue of living together is still necessary. A live-
in relationship should be legally defined, and each partner's rights should be specified. It ought to
be able to provide for the children and safeguard their future. This increasingly common practice
of cohabitation requires immediate legal recognition.
In one of its rulings, the Supreme Court explicitly said that it cannot change the law but only
interpret it. For live-in relationships to be codified legally, Parliament can only create new
legislation. Since The “Protection of Women from Domestic Violence Act, 2005” has defined it
and offered some protection, this is just the beginning, and that the legislation may be made and
live-in relationships may be recognised legally at some point in the future.
In a relationship like this one, where you live together, it's crucial to think about what would
happen to the kid if the spouses ever break up. If neither parent is interested in having the
primary custody of the kid or inheriting the child's property, then it is essential that laws be
enacted to protect the best interests of the child.
Parliament should pass laws regulating "live-in relationships" that address the following
concerns about the people involved:
https://www.outlookindia.com/national/live-in-relationships-in-india-legal-but-do-they-have-
enough-safeguards--news-238838
https://www.lawctopus.com/academike/live-in-relationships-in-india/
https://tripakshalitigation.com/legality-of-live-in-relationship-in-india/
https://vakilsearch.com/blog/live-in-relationship-what-does-the-indian-law-say/
https://www.livelaw.in/columns/evolution-of-the-live-in-relationship-in-india-vis-a-vis-personal-
law-218948
https://www.wionews.com/india-news/live-in-relationships-are-giving-rise-to-crime-says-indian-
minister-535396
https://indianlawwatch.com/practice/live-in-relationship-and-evolution-of-indian-jurisprudence/
https://theprint.in/opinion/pov/reporting-on-shraddha-walker-murder-the-case-that-shook-india-
in-2022/1288824/
Books
The Hindu Marriage Act, 1955.
Indian Penal Code,1860
Code of criminal Procedure, 1898
The constitution of India.