Live In Relationship Between Married Man And Unmarried Woman: Legal Or Illegal

KEY TAKEAWAYS

• The concept of a Live-in relationship is not, accepted by the majority of people and is still taboo in Indian society.
• Before 2018, domestic cohabitation of a married or unmarried man with a married woman constituted a criminal offense of adultery for the man under section 497 IPC.
• In Lata Singh v. the State of U.P, the court held that a live-in relationship between two consenting adults of the opposite sex does not amount to any offense under the law.
• A live-in relationship of a married man with a woman is not recognized as in the nature of marriage.
• The unmarried girl must be aware of her partner's marriage before entering into the relationship.
• If a child is born as a result of their relationship, he is entitled to the same support and property as the child born of the legal marriage.

Introduction

A live-in relationship is an arrangement between partners who are not married to each other sharing a common household. The concept of Live-in relationships is not accepted by the majority of people and is still taboo in Indian society. Society considers it an immoral and improper relationship. In India, there is no explicit legislation, societal rules, or customs governing live-in relationships. As a result, the Supreme Court has taken the opportunity to enlarge the idea in several decisions and has established rules for dealing with such relationships. Live-in relationship between consenting adults is legal in India.

Legal Status

In A. Dinohamy v. W.L. Balahamy, the Privy Council stated that where a man and woman lived together as man and wife, the law will presume, unless, the contrary proved that they were living together in consequence of a valid marriage. In Lata Singh v. the State of U.P, the court held that a live-in relationship between two consenting adults of the opposite sex does not amount to any offense under the law. In Khushboo vs Kanaimmal and anr, the Supreme Court stated “Though the concept of live-in relationship is considered immoral by the society, but is not illegal in the eyes of the law. It is a part of the right to life and, therefore it is legal.’’ If the couple presents themselves to society as husband-wife, they are recognized as being legally married.

Before 2018, domestic cohabitation of a married or unmarried man with a married woman constituted a criminal offense of adultery for the man under section 497 IPC. However, in the case, of Joseph Shine vs Union of India, the Supreme Court of India annulled this section. Though adultery is no longer a criminal offense, it may be a matter of civil issues constituting a ground of divorce. Similarly, the Supreme Court in Navtej Singh Johar vs Union of Indiaannulled Section 377. Section 377 criminalized homosexual acts which were termed to be unconstitutional and irrational.

The Supreme Court, in the case of D. Velusamy and D. Patchaimal laid certain conditions to recognize “in the nature of marriage”.

1. The couple must hold themselves out to society as being akin to spouses.
2. They must be of legal age to marry.
3. They must be otherwise qualified to enter into a legal marriage, including being unmarried.
4. They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period.

In Indra Sarma vs VKV Sarma, the Supreme Court held that not all live-in relationships are relationships in the nature of marriage. In this case, the appellant was fully aware of the fact that the respondent was a married person and could not have entered into a live-in relationship in the nature of marriage.

Live-in relationship between an unmarried girl and married man

There is no legal barrier between an unmarried woman and a married man in a live-in relationship. However, neither party should be a minor. They must be capable of providing consent and know the conditions in which they are living. Being in a relationship is not the same as being married. A live-in relationship cannot be considered a man's second marriage. However, there is one condition: the unmarried girl must be aware of her partner's marriage before entering the relationship. If a man's marriage, is not disclosed to the woman, then she has the legal right to file a criminal complaint against the male spouse for hiding facts. Furthermore, the woman can file a maintenance petition against the man with whom she is living. If a child is born out of their relationship, he is entitled to the same support and, property as the child born of the legal marriage.

The Supreme Court has established five types of live-in relationships that the court can consider:

i. Domestic relationship between an adult male and an adult female, both unmarried
ii. Domestic relationship between a married man and an adult unmarried woman, entered knowingly
iii. Domestic relationship between an adult unmarried man and a married woman, entered knowingly
iv. Domestic relationship between an unmarried adult female and a married male, entered unknowingly
v. Domestic relationship between same-sex partners

A live-in relationship of a married man with a woman or of a married woman with a man is not recognized, as in the nature of marriage.

Indra Sarma Vs V.K.V. Sarma

When the woman is aware that the man with whom she is in a live-in relationship and who already has a lawfully married spouse and two children, isn't qualified for various benefits available to a lawfully married wife. However, in this case, the Supreme Court concluded that “denying any protection would amount to a gross injustice to victims of illegal relationships.” As a result, the Supreme Court stated that there is an enormous need to expand Section 2(f), to include victims of illicit connections who are poor and unskilled, as well as their children, who are conceived through such connections and have no source of income. Further, the Supreme Court stated that parliament should establish another enactment dependent on specific rules given by it so the victims can be given protection from any cultural or societal wrong caused by such connections or relationships.

Conclusion

The law relating to the live-in relationship in India is not clear, and many questions need to be answered. The right of the child born out of such relationships ought to be secured. There is a need for legislation, which would analyze the ambit of a live-in relationship, and, the rights and obligations of the partners in such a relationship.

While interpreting the term live-in relationship, the following propositions laid down by the Supreme Court are to be considered:

1. According to section 2 (a) of the Protection of Women from Domestic Violence Act,2005, a woman in a live-in relationship with a male partner can be treated as an aggrieved person.
2. A woman and her male partner must present themselves to society as spouses. They must be of legal age and qualified to enter into a legal marriage. A couple must have voluntarily cohabited and, presented themselves to society as spouses for a significant period.
3. They must have resided together in a shared household as contemplated by section 2(s) of the Protection of Women from Domestic Violence Act, 2005.