Answer By law4u team
In India, live-in relationships—a form of cohabitation where a couple lives together without formal marriage—have gained increasing recognition in recent years. However, the legal status and protections available to individuals in such relationships, particularly women, remain complex and varied. While the Indian legal system does not provide the same rights as marriage for couples in live-in relationships, women’s rights in such unions have been addressed through court rulings and laws related to domestic violence and maintenance.
Legal Recognition of Live-in Relationships and Women’s Rights:
Live-in Relationships under Indian Law:
Live-in relationships are not legally recognized as marriages under Indian law, which means they do not offer the same legal status or social legitimacy. However, they are not outright illegal. The Indian legal system recognizes that cohabitation can be a form of an informal relationship.
The Supreme Court of India has acknowledged live-in relationships as a social reality and held that individuals in such relationships are entitled to certain legal protections under specific laws. However, these protections do not equate to those granted to married couples.
Protection under the Domestic Violence Act (2005):
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) offers protection to women in live-in relationships who are victims of domestic violence. The Supreme Court has held that women in live-in relationships are entitled to seek protection, including maintenance, residence rights, and protection orders if subjected to abuse.
In the case of Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court ruled that women in live-in relationships can be treated as wives under the Domestic Violence Act, provided the relationship meets certain criteria such as duration of the relationship and public perception of the union.
Maintenance Rights:
Women in live-in relationships are entitled to maintenance under the Criminal Procedure Code (CrPC) if they face abandonment or lack of support. This was made clear in the Supreme Court case of Dharmani Devi v. K.K. Verma (2014), where the court recognized a woman’s right to claim maintenance from her partner in the event of separation, even if they were not married.
The maintenance that a woman can claim is often linked to the financial dependence created by the relationship. If a live-in partner leaves the woman without means of support, she can approach the court for financial assistance.
Property Rights:
Women in live-in relationships do not have the same property rights as those in a formal marriage, and their claims over joint property can be more complicated. Unless there is a formal agreement, property ownership in a live-in relationship remains with the partner who holds the title.
However, in cases where the woman has contributed financially or made substantial contributions to the household, she may claim a share of the property through civil suits or under the Indian Succession Act. Courts often take into account the duration of the relationship and whether the woman’s contributions can be proven.
Inheritance Rights:
In the case of a deceased live-in partner, a woman may not have automatic inheritance rights unless the deceased has explicitly mentioned her in a will or other testamentary document. However, if the couple has lived together for an extended period and can establish a relationship of trust, the woman may be able to claim a share of the estate under the Indian Succession Act or property law.
Recognition by Family Courts:
Family Courts in India are equipped to handle cases related to maintenance, domestic violence, and other disputes arising from live-in relationships. Women in live-in relationships can seek redress for unlawful separation, abandonment, and financial support in these courts.
In some cases, Family Courts have awarded maintenance and other benefits to women in live-in relationships, recognizing their emotional and financial dependence on their partners.
Adultery and Legal Consequences:
Unlike formal marriages, the adultery laws in India apply primarily to married individuals. However, in the case of live-in relationships, the partners may still have to deal with legal issues related to cohabitation and separation.
A woman in a live-in relationship who is abandoned or treated unfairly may seek legal redress for emotional distress and financial deprivation, though proving these claims can be complex.
Social and Cultural Context:
Live-in relationships still face cultural stigma in many parts of India, especially in conservative or rural areas. Women in live-in relationships may face social exclusion, pressure from families, or even violence from the partner’s family.
Social acceptance of live-in relationships varies, and in many cases, the lack of formal recognition by the law can contribute to the vulnerability of women in such relationships.
Example:
Case 1: A woman has been living with her partner for five years. The relationship is public, and they share finances and responsibilities. However, the man decides to end the relationship and refuses to provide maintenance. The woman can approach the court under the Domestic Violence Act, seeking maintenance and a right to residence.
Case 2: A woman living in a live-in relationship is subjected to abuse by her partner. She can file a complaint under the Domestic Violence Act, seeking protection orders, and if she has children, she can also claim custody and support for her children.
Conclusion:
While live-in relationships are not fully recognized as marriage under Indian law, women in live-in relationships are entitled to certain legal rights and protections, particularly under the Domestic Violence Act, which allows them to seek maintenance, protection from abuse, and residence rights. However, property rights, inheritance claims, and legal recognition remain areas of ambiguity, and the rights of women in live-in relationships are often not as comprehensive as those in formal marriages. Legal reforms may be required to provide better recognition and rights for women in live-in relationships, especially in the context of inheritance and property ownership.
