Introduction
In this modern world, couples look for compatibility before moving in a relationship. A bond between couples can influence their life. India is a country where people value their customs, traditions and follows established norms, for such people it becomes difficult to move towards modernization and accept new beliefs which they consider immoral. The idea of marriage which is considered as important is now slowly getting replaced by live-in relationships. In urban cities live-in is rooting up day by day. Through the surroundings or entertainment mediums people are getting aware of this concept. The walk-in and walk-out relationships have become a debatable topic due to the question of morality and the personal liberty of the couples involved and the legal issues concerned with it and hence the concept of live-in relationship and the problems associated with it needs to be studied from different angles.
Concept of Live-in-Relationship
India has witnessed progress in almost every sector. Politics, economics and social life have changed to another level. The social life of an individual has become an important part. While socialising, the people get attached to each other and may feel the need to live together with each other. In the case of ‘people of the opposite sex’, they may feel to get married and spend their rest of lives together or some may feel to live together without getting married. And here arises the concept of a live-in relationship. In earlier times, Indians were restricted to arrange marriage as love marriage was considered taboo then, because of the cultural opposition. Slowly and gradually, India has moved from arrange marriage to love marriage and ultimately to the concept of ‘live-in relationship’.
‘Mitru Sambandh’ or live-in relationship is a concept where a couple lives together under one roof for a long time without getting married.
Even today though the country is modernizing, the mentality of people varies, Indians of conservative mindset consider live-in relationships as against culture. The world is transforming as its youth is getting educated and is aware of the problems associated with marriage. The ideologies of youth have changed for the marriage.
Laws for Live-in Relationship
As such India do not have any laws for the live-in couples but there are certain laws which implies to live-in couples. Also, the Supreme Court in various judgement has taken a stand for couples in live-in relationship.
Domestic Violence Act, 2005
The women may have to tolerate abusive nature of husband or in-laws. This act was legislated to protect the women from abusive partners and safeguard them against these evils. However, this act is also applicable to the couples in live-in relationships.
As per section 2(f) of the Domestic Violence Act, 2005, “domestic relationship means a relationship between two persons who live or have, at any point of time, lived together 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”[1]
As per the interpretation of the court, if the couple of live-in relationship presents themselves as husband and wife for a period of time, it would be considered in the nature of marriage and hence this act also applies to the women of live-in relationship who are not legally married.
Code Of Criminal Procedure, 1973
Section 125 of the Code of Criminal Procedure, 1973[2] provides for maintenance of wives, legitimate or illegitimate child and parents. Also, to include wider section under the term ‘wife’, section 125 of CRPC was amended. Supreme Court in the case of Chanmuniya v Virendra Kumar Singh Kushwaha[3] included the women who had lived in live-in relationship and has been abandoned by the male. This has helped female in live-in relationship to get privileges in case they are abandoned.
Indian Evidence Act, 1872
Section 50 and Section 114 of Indian Evidence Act, 1872 to some extent deals with the live-in relationship. Section 50 states the opinion on relationship[4] and Section 114 presumes the existence of any fact which is likely to have happened[5]. These two sections; Section 50 and Section 114 were considered by Supreme Court in the case of Tulsa and others v. Durhgatiya and others[6], in which legality to 50 years live in relationship was granted. The court held that it can presume existence of any facts which is likely to have happened and also the presumption of wedlock arises if the couple has lived as husband and wife.
Personal Liberty of Live-in Relationship Couple
An adult must have liberty to recognise his social interests if it is legally acceptable. Individual’s choice must be respected. An individual who has attained the age of majority must have liberty to choose their life partner and decide how they are going to spend their lives.
As per Article 21 of the Indian Constitution “No person shall be deprived of his life or personal liberty except according to procedure established by law”[7]
‘Liberty’ has a wider meaning. It could be interpreted that Article 21 provides liberty to an individual to decide their marital status and to decide how they would be spending their lives. An individual cannot be forced to get married. Some may think that this kind of liberty hampers one’s status in the society. But in a true sense such liberties help to have a healthy relationship by knowing the level of compatibility between the partners. As it ensures that there remains sense of belongingness. Efforts are put to know each other which in long run proves effective for a healthy relationship. The partners learn to figure out issues between them. Through this relationship the partner gets to know the priorities of each other and whether they are ready to make future commitments. Some youngsters believe that marriages do not provide a chance to know each other as families are involved and they do not get enough time to know which ultimately lead to divorce.
It is very important to know that when a male and a female live under one roof it cannot be considered as live-in relationship. If a man enters into a relationship with a married woman and lives together it would be considered as adultery and not live-in relationship. In the case Indra Sarma vs VKV Sarma[8] Supreme Court was of the view that all live-in relationship are not the relationships in the nature of the marriage.
The Supreme Court in various judgments has taken a stand over live-in relationships as it is legally acceptable. In a case Khushboo vs Kanaimmal and another[9], the Supreme Court observed that “Though the concept of live-in relationship is considered immoral by the society, but is definitely not illegal in the eyes of the law. Living together is a right to life and therefore it cannot be held illegal.” The Supreme Court has stated that live-in relationship is not an offence, in fact living together is a right to life which is a Fundamental Right.
Even after the judgment of the Courts, these couples have to face hurdles. The law needs to be updated to protect their liberty. The question of the right to equal treatment arises for these people. As it being a new concept is receiving criticism. Indians consider pre-marital sex as an immoral act. And thus, all this has created the problem of unequal treatment as there is no such law protecting the interests of live-in couples and are not treated at par with others. While enjoying the liberty, they are exposed to legal hurdles as the problem of visa arises or opening of the joint bank account. Not only this but the problems faced by children in the society born out of such relationships face mental trauma. Such children can claim the property of their parents but they cannot claim the property of their ancestral.
Now, even though youngsters feel to enter into live-in relationship, they have to think twice as their personal liberty is at stake. Modernization is expecting the world to be broad-minded. Respecting others choices and liberty is the need.
Conclusion
The present generation looks for compatibility in a relationship. The country is progressing in a new direction and thus new social change has brought with it new challenges and hence the law needs to be progressed. The concept of live-in relationship will take a time to make its position in society. It won’t be right to indulge in the freedom and privacy of the individual. A live-in relationship has its own effect. It should not be considered as taboo. The court is taking a stand over live-in relationships and also it is ensuring that there should be a sense of responsibility. Society needs to understand the idea behind the new change. Only then an individual could enjoy liberty. Even though people find live-in relationships under obscenity but their existence cannot be denied.
References
[1] Section 2(f) of the Domestic Violence Act, 2005
[2] Section 125 of The Code Of Criminal Procedure, 1973
[3] Chanmuniya v Virendra Kumar Singh Kushwaha (2011) 1 SCC 141
[4] Section 50 of Indian Evidence Act, 1872
[5] Section 114 of Indian Evidence Act, 1872
[6] Tulsa and Ors v. Durghatiya and Ors (2008) 4 SCC 520
[7] Article 21 of Indian Constitution
[8] Indra Sarma vs VKV Sarma (2013) 15 SCC 755
[9] Khushboo vs Kanaimmal and another (2010) 5 SCC 600
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