India is a country in which marriage occupy a transcendent position in society. Marriages are
considered as one of the most sacred ritual performed in the society also that no marriage is valid
without performing proper ritual as prescribed in the family law of that community. In Indian
Laws Husband and Wife are considered as one single entity. The assets of marriage come with a
lot of responsibilities. On May 22, 2013, the apex court had observed that if a man and a woman
in love decide to live together as a couple, it is well within their right to life and by no means can
be deemed a “criminal offence.” The obligations towards spouse, family and children are
inseparable part of a marriage and to escape these responsibilities the concept of live-in
relationship was born. Live-in Relationships or
or better known as cohabitation is not a new practice but has emerged out as a new Western trend
which is been practiced by all the ages of society. This western concept has given a new position
and name to the women in India who have not entered into a wedlock but have liabilities of a
wife. The law thus helps all these women to adore their rights along with their duties. A live-in
relationship is described in which an unmarried couple lives together under the same roof as they
would have been living if they would be married. This form of life style has become an
alternate to marriage in big cities in which personal independence is the top importance amongst the
young generation and nobody wants to get implicated into the common responsibilities of a married life. But
the court has a view that if a man and women live together they are to be treated as a couple
unless proved contrary. The first case to be recognized in Supreme court was Badri Prasad vs.
Dy. Director of Consolidation in which the apex court gave a legal validity of marriage to a
couple who lived in live-in relationship for 50 years. The Allahabad High Court in Payal Katara
vs. Superintendent, Nari Niketan and others held that live-in relationship is not a crime or a sin
although it is immoral in eyes of society but not illegal.
In one of the most famous cases was the case of S. Khushboo vs. Kanniammal & Anr in which
the Supreme Court held that “living together is a right to life”” it may be immoral in eyes of
society but is not illegal in eyes of law. In this case, all the charges against Kushboo, the south
Indian actress who endorsed pre- marital sex and live in relationship were dropped and all the 20
FIR’s were quashed. in the case of D. Velusamy v. D. Patchaiammal the basic criteria of live-in
relationship was framed which excluded “one night stand” from the meaning of live-in
relationship. Justice Arijit Pasayat held that children who are born out of live-in relationships
will not be considered illegitimate. It was stated, “Law inclines in the interest of legitimacy and
thumbs down ‘whoreson’ or ‘fruit of adultery.’
Also Domestic Violence Act is applicable to live-in relationships. Section 2(g) of the Domestic
Violence Act hat a relationship between two individuals who live together or have lived together
in the past is considered as a domestic relationship. A woman who is in a live-in relationship can
seek legal relief against her partner in case of abuse and harassment. Also, the new law also
protects Indian women who are trapped in fraudulent or invalid marriages. A woman who is
suffering to any kind of violence in a live-in relationship as well as a married life can file a
FIR under section 498 A, IPC. She can also seek relief through protection orders,
compensation and interim orders citing sections 18 to 23 of the Domestic Violence Act.
The prime reason for the trend of live-in relationship is that youth want to escape the liability but
at the same time enjoy the privileges of a married couple. Also there is need for divorce to put a
halt to the relationship. The lack of responsibility, the disrespect of social bonds and the lack of
patience in relationships have given rise to Live-in relationship in India.
