By Aarushi Singh

Abstract

The upkeep of live-in relationships is still a complicated and developing topic in India. While there is no specific statute that governs maintenance in these types of relationships, courts have construed existing laws, such as the Domestic Violence Act and Section 125 of the Code of Criminal Procedure, to offer some protection. However, the burden of proof for a serious, long-term relationship frequently rests with the woman, and the result of claims is heavily influenced by court discretion. This may lead to ambiguity and expose couples to conflicting decisions. In spite of these obstacles, there is an increasing movement in India to support more legal protection and acknowledgement for cohabiting couples. Calls for a precise legal definition of these kinds of relationships, particular provisions for maintenance in the event of a divorce, and more stringent enforcement of current rules form part of these efforts. The legal framework is intended to evolve, offering improved protection and respect for all individuals in committed relationships, irrespective of their marital status, as cultural perspectives on live-in relationships continue to change. 

Introduction 

The popular concept of live-in relationships will likely never have a settled position because it changes over time and raises new problems. In a non-marital relationship, a couple chooses to live together but does not engage in a legally recognized union known as marriage. Therefore, live-in relationships are now more accepted in society than they once were, with various cultures and geographic areas having different views of them.  This acceptance is partly a result of shifting societal ideals that favour individualism and personal liberty. The laws of some countries permit registrations of such commitments, however, they remain as informal agreements between the couple. 

People typically want to enter these consensual arrangements to determine their closeness before marriage, if not able to be formally wed or to avoid the hassles associated with traditional marriage.  The institution of marriage may not necessarily provide any benefits or value to live-in partners, and their financial situation may prevent them from getting married due to associated costs. Regardless of the motivation, it is undeniable that an increasing number of couples are opting for live-in relationships over marriage, sometimes even making them permanent.  This trend is observed even in conventional societies where marriage as an institution is revered. 

Although live-in partnerships are becoming more accepted, they may still encounter some social stigmas and difficulties. It causes confusion and conflict with societal norms, morals, and leniency in the law. Whether by choice or circumstance, it is simple to enter a live-in relationship but complex to leave such a relationship officially. Additionally, the legal ramifications of this relationship have yet to be addressed; for instance, no legislation in place to determine how a couple’s mutual gains in property should be divided.

Status of Concubine or Other Woman

A man and a woman having a sexual connection outside of marriage were despised in feudal society and to some extent even today. However, in feudal times, men living with women outside of matrimony were not viewed as immoral in the slightest as they maintained concubines for their amusement and comfort. But the same liberty was not provided to women as not only were they not allowed to maintain any sexual connection outside of marriage but the women who lived with a married man were disrespected and disowned by society. They were given the status of “other women” who possessed no rights and whose status was lower than that of a wife. Men, however, were not subjected to any shame. Throughout history, many societies, including ancient India, have held the idea of concubines—women who have a committed sexual relationship with a male but are not his wives. However, concubines are not given legal protection or recognition in contemporary Indian culture. In India, extramarital relationships, such as those involving concubines, are not publicly accepted and are often stigmatized. Women in these partnerships might be stigmatized as immoral and subjected to prejudice and social exclusion. In addition, women who are in concubinage are not given any formal recognition or protection under Indian law. Bigamy is prohibited in India, and it is not clear how a live-in relationship can be comparable to a marriage when neither of the partners is already wed and has a living husband or wife who is still alive. Indra Sarma v. V.K.V. Sarma, which involved the same problem, the Supreme Court decided that a woman in such situations would have the status of a concubine and could not request support. The court further ruled that every live-in relationship does not qualify as a domestic relationship under the meaning of the term. According to a thorough examination of the current matrimonial laws, couples cannot be permitted to officially separate unless this type of relationship is still not recognized by the law. According to Indian law, adultery is a crime for which both men and women who might be found guilty may be sentenced to jail. “In Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, the Supreme Court ruled that even if his second wife was not aware of his first marriage, she did not have a right to maintenance under Section 125 of the Code of Criminal Procedure, 1973, in the case of a man who had a living, lawfully wedded wife at the time of his second marriage.” The court refused to acknowledge that they lived together even if their marriage was dissolved. The man was permitted to benefit from this even though he had not disclosed his prior marriage. The Supreme Court ruled that a woman in a situation where there is a live-in relationship would not be given any privileges. Altogether, the societal standing of concubines in contemporary Indian society is poor, and there is no formal recognition or security for women who engage in such relationships.  

Social Stigma

The societal acceptance of such relationships, especially for women who are involved in such relationships, also varies greatly from culture to culture. In some cultures, live-in relationships are widely accepted and even encouraged, while in others, they are considered taboo and frowned upon, the people practising live-in relationships risk social rejection. In many societies, the decision to live together without getting married is seen as a personal choice and is respected as such. However, in some conservative societies, the idea of cohabitation outside of marriage is seen as a threat to traditional family values and morals and is therefore rejected. 

The societal position of live-in relationships is likely to continue to evolve in the future, as more countries and societies grapple with the changing dynamics of romantic relationships and family structures. Additionally, there is a wide range in how live-in partnerships are viewed in society. Cohabitation outside marriage is generally agreed upon and even encouraged in some cultures, including some in Europe and North America. Cohabitation is, however, frowned upon in other societies, including some in Asia and the Middle East, where it is a threat to traditional family values.  In India, the social standing of a woman in a non-marital relationship can be complicated and is influenced by several factors, including cultural, social, and legal standards. Despite this, a lot of people in India still think that living together is wrong, particularly in remote and conservative areas. Women who choose to live together may experience discrimination and social stigma, such as being viewed as “loose” or “immoral.” There is some acceptance in metropolitan areas, but stigma and discrimination still exist in some communities. National and regional perspectives on unmarried cohabitation influence the social standing of live-in couples. Individuals who decide to cohabit without marriage may still encounter challenges and societal stigmas, even though live-in relationships are now more widespread and accepted in many contemporary societies.

Legal Position

Legally, live-in relationships are viewed differently across nations, and even within different regions of the same nation. Contingent on the jurisdiction, live-in partners may or may not have relatively similar legal protections and privileges as married couples, but their legal status differs. Live-in partnerships are sanctioned by law in some nations, giving the partners access to legal benefits and rights. For instance, live-in relationships are accepted as a type of civil union in France, where spouses are eligible for social security, tax breaks, and inheritance rights. Similarly, Canada recognizes live-in relationships as common-law marriages, giving the partners certain legal rights and safeguards, such as support payments and division of assets in the case of a separation. In some states in the US, if a couple can show that they have joint financial obligations and have lived together for a certain amount of time, they may be known to possess a “common law marriage”, which could give them access to certain legal privileges.  Live-in partners should be aware of the legal ramifications of their relationship and take precautions to safeguard their interests, such as drafting a cohabitation arrangement or a will, to do so. 

On the other hand, a live-in partnership lacks recognition in legal frameworks, influenced by the patriarchal nature of statutes. These laws often dictate that a woman’s legal position, social dependence, economic reliance, and domicile all change to her marital status. Live-in relationships do not provide the partners with any formal protections or advantages because they are not recognized by law in some nations. For example, non-marital couples might not share the same tax advantages, healthcare advantages, or inheritance privileges as married couples. For instance, “The Allahabad High Court ruled in Malti v. State of U.P. that a woman living with a male could not be considered his wife. In this instance, the woman lived with the guy and had an intimate relationship with him while working as his cook.” “The Court, however, declined to incorporate such a live-in partner’s maintenance claims in the definition of “wife” as it appears in Section 125 of the Code of Criminal Procedure.” Such rulings only served to validate marriages that were in question due to the existence of a long-term live-in partnership. However, independent of marriage, courts did not acknowledge cohabiting relationships. In India, a live-in relationship is not recognized by the law, and couples are not eligible for any legal rights or benefits, including inheritance or joint property ownership, that are granted to married couples. This puts them at risk of being taken advantage of, particularly if one spouse is financially reliant on the other. However, the Indian judicial system has recently acknowledged the need to award couples in live-in relationships with legal protection and has given them certain rights like maintenance and child custody. Although there has been progress in the legal recourse for women living together, there is a long path to go before all women in these situations can be guaranteed equal rights and chances. Even today, Live-in relationships could be strictly prohibited or discouraged in certain cultures and religions, and people who participate in them risk legal repercussions as some people might still subscribe to the conventional wisdom that marriage is the only definable kind of committed partnership. This may lead to discrimination against and judgement of live-in couples, among other negative views, because they lack similar legal protections and rights as married couples, and they may encounter legal difficulties.

Author’s Bio

Aarushi Singh is a law student at Jindal Global Law School, OP Jindal Global University and is a columnist with Nickeled and Dimed. 

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