Live-in-relationships have been in the discussion for sometime and divergent opinions have been witnessed on the topic. The young generation is seen strongly supporting the concept of live-in-relationships. But not everyone is found to be in favor of this westernized modern concept.
Indian is a country of vast cultural diversity where customs are highly followed and live-in-relationships are said to be still looked down upon. However, the Supreme Court of India has come to the rescue of the couples living in a live-in-relationship.
The term live-in-relationship has not been defined under any law for the time being in force. The top lawyers in Delhi and across the country treat live-in-relationship has a right available to every person under Article 21 of the Constitution of India. Live-in-relationships are mostly regarded as the living of a couple together without being married.
This concept is said to have been borrowed from various western countries is argued to be a personal decision of a person and is a right guaranteed under the right to life of a person enshrined under Article 21 of the Constitution of India
The live-in relationships were legalized for the first time by the Privy Council in A Dinohamy v. WL Blahamy wherein it was stated that when a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage.
However, in later decisions, contrary observations were made by the courts.
In Gokul Chand and Pravin Kumari, it was held that cohabitation for a long time doesn’t guarantee to earn legitimacy.
This decision had not made live-in-relationships illegal but has simply stated that the same would not gain the status of the legitimate relationship.
The Hon’ble Supreme Court in the landmark judgment of Indra Sarma vs V.K.V.Sarma has held that Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.
The Hon’ble Supreme in the landmark judgment of S.P.S. Balasubramanyam vs Suruthaya has acknowledged live-in-relationships and held that when a man and a woman cohabit under the same roof for a long time then it is presumed under section 114 of the Indian Evidence Act that they are married and the child, if any born, is a legitimate child.
The courts have now time and again put women living in a live-in-relationship at the same footing as that of a wife and held that the provisions of law giving protection to women against domestic violence are equally applicable to couples living in a live-in-relationship. Women living in a live-in-relationship are also entitled to claim maintenance.
Best advocates in Delhi and top lawyers in Delhi and across the country say that the law per se never prohibited the concept of live-in-relationships. The only hiccup in the smooth living of such couples is that the society. Although has moved forward and accepted the concept of live-in-relationships yet some people oppose this concept and regard it as immoral and opposed to religious policies.
Although no legislation has been drafted till date to specifically deal with Live-in-relationships. it is now considered that specific provisions be made with regards such relationships and protection be guaranteed to women against violence in such relationships. People are of the opinion that lack of legislation leads to violation of the rights of the couples and this also paved way for people to discriminate against such couples.
Source: https://www.lawzgrid.com/legal-blog/blog-details/Supreme-Court-on-Live-in-Relationships
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