Rights of Women and Children in Live‑in Relationships in India – Legal Protections and Inheritance Rights
Introduction
- Meaning: Live-in relationships are an arrangement where two individuals cohabitate without formal marriage or undergoing any ceremonies, and have gained greater acceptance, particularly in urban areas. However, the legal framework governing such relationships remains a blend of judicial interpretations rather than laws passed by the legislature.
- Live-in Relationships in India: A live-in relationship involves two adults living together consensually in a shared household, resembling a marriage-like relationship without formal legal solemnization. While Indian society has historically viewed such arrangements with incredulity, the judiciary has progressively recognized legitimacy, particularly in protecting vulnerable parties in such relationships as women and children. The absence of specific legislation creates ambiguity, making judicial pronouncements critical in defining rights and obligations.
- Social and Legal Problems
- In India, women in live-in relationships most of the time face social and legal problems, mainly concerning maintenance, protection from domestic violence, and property rights.
- Children born from live-in relationships face many unique challenges, particularly regarding legitimacy and inheritance.
Legal Rights of Women in a Live-in Relationship
- Protection Under the Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act, 2005 (DV Act), is an essential law for safeguarding women in live-in relationships. Section 2(f) of the DV Act defines a "domestic relationship" to include a "relationship in the nature of marriage," thereby extending protections to women in long-term live-in relationships.
- In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court clarified that not all live-in relationships qualify for the protections given under the DV Act. The court outlined specific conditions for a relationship to be considered "in the nature of marriage," including cohabitation for a significant period, presenting oneself as spouses in public, and mutual intent to maintain a marriage-like relationship. This ruling ensures that casual arrangements, or those that are short-term, do not automatically confer legal protections. This aims at protecting against misuse while safeguarding genuine relationships.
- In Lalita Toppo v. State of Jharkhand (2018), the Supreme Court further reinforced that a woman in a live-in relationship is entitled to maintenance under the DV Act. However, the court clarified that she is entitled only if the relationship meets the criteria of a domestic relationship.
- Right to Maintenance: Section 125 of the Code of Criminal Procedure, 1973 (CrPC) /Section 144 of the BNSS, 2023, provides for maintenance to wives, children, and parents. Judicial interpretations have extended the benefits of this provision to women in live-in relationships.
- In Chanmuniya v. Virendra Kumar Singh Kushwaha (2010), the Supreme Court held that a woman in a long-term live-in relationship, corresponding to marriage, is entitled to maintenance under section 125 CrPC, emphasizing social justice over strict legal formalities.
- Property Rights: Women in live-in relationships often face limited property rights compared to married women.
- In Dhannulal v. Ganeshram (2015), the Supreme Court ruled that a woman in a long-term live-in relationship could inherit her partner's self-acquired property if cohabitation had been established for a considerable period. However, it was made clear that such rights do not extend to ancestral property under Hindu law.
Legal Rights of Children Born from Live-In Relationships
- Legitimacy and Inheritance: Although section 16 of the Hindu Marriage Act, 1955, does not address children born out of live-in relationships, it grants legitimacy to children of void or voidable marriages, thereby extending this principle to children born out of live-in relationships. Children born out of such arrangements are entitled to inherit their parents' self-acquired property, but not ancestral coparcenary property. In fact, in many instances, the High Courts and the Supreme Court have discussed the rights of children born out of a void or voidable marriage, or a marriage that couldn't be proved, which also relates expressly or impliedly to children born out of a live-in relationship.
- Custody and Welfare: In the absence of specific laws that govern custody in live-in relationships, courts treat such cases similarly to marital disputes. It is so done to prioritize the welfare of a child. The Guardians and Wards Act, 1890, and judicial precedents guide custody decisions, ensuring that children from live-in relationships are not discriminated against on any basis. There shall be no disadvantage to them. It is essential to note that courts assess the parents' stability and the child's best interests.
Challenges and the Need for Legislation
- Despite several judicial advancements, the lack of a dedicated statute for live-in relationships creates many problems. Women may struggle to prove the "nature of marriage" for DV Act protections, and children's rights to ancestral property remain restricted. Societal stigma further makes it even more complicated to access justice, particularly in rural areas.
- Rules and regulations have been introduced in Uttarakhand regarding the mandatory registration of live-in relationships. It is an initiative aimed at legalizing such types of relationships. However, the absence of a dedicated legislature is still a hindrance to securing justice in such matters.
Conclusion
The rights of women and children in live-in relationships in India rest on a foundation of progressive judicial interpretations, primarily through the DV Act, CrPC, and the Hindu Marriage Act. However, the absence of codified law underscores the need for legislative reform to provide clarity and equity. These judgments offer a solid framework for advocacy, requiring careful navigation of legal provisions and case law. Additionally, they acknowledge that live-in relationships are legally recognized, providing protections similar to those offered in marriage-like relationships. As society's attitudes evolve, a balanced legal approach will be crucial in upholding the dignity and rights of women and children in these relationships. To know more, contact us.
