If you're in a happy relationship and contemplating living together, it's important to understand the legal aspects involved. A live-in relationship, or cohabitation, refers to a situation where a couple, typically in a romantic or intimate relationship, decides to live together under one roof without formalising their relationship through marriage or a religious ceremony.
In such an arrangement, the couple shares a domestic life similar to that of a married couple, but without the legal and societal responsibilities tied to marriage. We reached out to Manmeet Kaur, Partner at Karanjawala & Co., to shed light on these legalities.
Rights Under Live-in Relationships In India
A live-in relationship refers to the mutual agreement between two individuals to live together, providing an opportunity to understand each other better and make a well-informed decision regarding marriage. It's also crucial for individuals to understand their legal rights under a live-in relationship in India.
As per Legal Services India, here are some legal rights that couples living in live-in relationships should know about:
1. Legal Rights in Live-in Relationships:
- Partners in a live-in relationship do not have the same legal rights as married couples.
- They cannot inherit each other's property or claim maintenance in the event of separation.
2. Rights of Children in Live-in Relationships:
- Children born out of a live-in relationship have the same legal rights as children born to married couples.
3. Protection under the Domestic Violence Act, 2005:
- Women in live-in relationships facing domestic violence are protected under the Domestic Violence Act, 2005.
- The Act recognises a domestic relationship as one where two individuals live together in a shared household and are in a relationship akin to marriage.
- A woman can approach the court for protection under this Act.
Miss Kaur told us, “A live-in relationship that is "in the nature of marriage" can be protected as a domestic relationship under the purview of Protection of Women from Domestic Violence Act, 2005, provided it resembles a marriage. This means it must involve a shared household, pooling of resources, establishment of intimacy, and presenting themselves as a couple in public.”
This position was well settled by the Hon'ble Supreme Court of India in Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755. However, protection under the Act of 2005 is limited to women only. The legal protection for women in domestic relationships includes monetary relief, maintenance, medical expenses, compensation, and residence.
Can Live-in Couples Protect Themselves Legally Against False Accusations Or Misuse Of Laws?
Miss Kaur suggests that, while it may not always be practical or desirable, maintaining documentary records of conversations and actions from both parties can offer valuable protection against potential false accusations in the future. Additionally, if either party faces threats, it is crucial to immediately report such incidents to the relevant authorities, including the police.
Can A Live-In Partner Seek A Restraining Order Or Protection Order?
A woman in a live-in relationship may seek restraining or protection orders if the relationship is deemed "in the nature of marriage." As per Miss Kaur, protection and residence orders, as per Section 18 and 19 of the Domestic Violence Act of 2005, can include:
Prohibiting the man from entering the woman's workplace
Banning any form of communication with the woman
Preventing acts of violence against the woman or her relatives or dependants
Preventing disturbance of the woman's residence
Granting the right to seek alternate accommodation for the woman.
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