Living in relationships in India is not easy for the couples who choose it. While the legal system of India tries to protect lives in relationships couple often faces challenges in this path. The recent cases and judgements showcase the difficulties in such a relationship. Here in this article, we will discuss the major cases of live-in relationships and the rights of partners in Live-in relationships.
Landmark cases of Live-in Relationship
Shraddha Walkar case
The basis of this case is the murder of Shraddha Walkar who was allegedly murdered by her live-in partner. This case showed the problems in live-in relationships as it highlighted issues in live-in relationships.
- The case emphasised the need for legal protection for live-in couples
- The protection of privacy in investigations
- The social pressure of live-in couples
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Chawali v/s State of U.P( 2015)
The judiciary highlighted the problems and consequences of live-in relationships in this case. The court noticed that such relationships may lead to criminal activities. The court showcased the lack of legal protection in such cases. The court stated that individual freedom is backed by the cultural background of India. A traditional and conservative approach was taken by the Allahabad court in this case.
Lalith Singh v/s State of U.P(2006)
In this case, the court stated that a live-in relationship is not a crime even though it is not socially acceptable in this country. The court gave protection to women in live-in relationships and the children born to them had the property right.
Legal provisions in Live-in Relationship
Here we can discuss the legal rights and provisions that are currently available under the legal system in India for live-in relationships.
Constitutional Rights
As per Article 21 in the constitution of India, the citizens have the right to life and personal liberty. The Supreme Court of India has stated that individuals have the right to live with a partner they like, married or not. So, the Supreme Court sees live-in relationships as a constitutional right. To live with a partner without getting married is considered a right of an individual. The Supreme Court of India has respect for the personal decisions of its citizens as per Article 21.
Protection from Domestic Violence Act,2005
Domestic violence in Live-in relationships will also come under the protection of women from domestic violence acts. In the act, the live-in relationship is also considered as a relationship like marriage. Women in live-in relationships are also protected against domestic violence. The Protection of Women from Domestic Violence Act does not exclude women who are facing violence in live-in relationships.
Criminal Code of Procedure 1973
In the Criminal Code of Procedure 1973, section 125 mentions that there is a provision for maintenance for women in married relationships. This is also for all women who are in a live-in relationship. In 2011, while the judgement of Chanmuniya v/s VirenKumar Singh Kushwalawala the Supreme Court of India stated that the women who are in live-in relationships in India can claim maintenance from their partner. This statement by the Supreme Court of India is based on section 125 of the Criminal Code of Procedure,1973
Indian Evidence Act, 1872
According to section 114 of the Indian Evidence Act 1872, if the live-in relationship of a couple existed for a long period, the court can presume certain facts. This provision is considered to protect the rights of partners in a live-in relationship. This provision in the Indian Evidence Act is applied in matters of property and maintenance.
Rights in Live-in Relationship
Here we can discuss the rights of couples in a Live-in Relationship. Women can claim certain rights in live-in relationships.
Maintenance Rights
The women in the live-in relationship can claim for maintenance under the provision of section 2(f) Protection of Women from Domestic Violence Act, 2005. The women can also claim maintenance under the Code of Criminal Procedure 1973 under section 125 where long-term live-in relationships are considered as marriage. The claim for maintenance is available for women if the live-in relationship is long-term and satisfies other criteria. The decision is taken by the respective courts and can differ from case to case.
Property Rights
During the case of Velusamy V.D Patchaiammal in 2010, the court stated that the live-in partner can have property rights if the couple have acquired property during their relationship. It will be determined by the court according to the partner’s contribution to the accumulation of property. But there is no right to inheritance of property for the couple in a live-in relationship in Indian law.
Rights for children of Live-in Relationship parents
Children of Live-in relationship parents have the right of inheritance if the parents and the children were living together for a long period. In the case of Tulsa V Durghatiya in 2008 the Supreme Court stated that the children of live-in relationship parents should be considered legitimate as the parents were living with them for a long period.
Protection against domestic violence
The protection of women from domestic violence act extends to couples who are in a live-in relationship. They have the right to live under the same roof. The women in such relationships can seek protection orders. The woman can claim money if she has endured damages during domestic violence while being in a relationship.
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Conclusion
The legal aspects of a live-in relationship cannot be considered stable as it can differ from case to case. Traditional marriage has an upper hand compared to live-in relationships in the context of Indian law. There can be legal challenges and societal pressure for couples who are in live-in relationships. More inclusive laws must be established to protect the couple in a Live-in relationship.