Published On: 12th October, 2024
Authored By: Aditi Sharma
ILS College
ABSTRACT-
This article will be delving upon the issues pertaining to de facto marriage in India and its legal status in the country. The article will delve upon the case laws where the de facto marriages were discussed and compare the legal status of de facto marriage with other countries. And then the article will try to summarize the current legal status of de facto marriage in India. The approach taken in this article is analytical and comparative. Historical precedents have also been discussed in the article.
INTRODUCTION-
Live-in relationships are also known as cohabitation, common-law marriage, de facto marriage, marriage by habit, and deemed marriage. The Cambridge Dictionary describes live-in partners as people who live in the same home and have sexual relationships without marrying. In brief, cohabitation without marriage is a live-in relationship. De facto marriage, in common parlance which is known as ‘live-in-relationship’ is a prominent legal issue in India. There is no statutes as for now which deals with live-in-relationship but it has been recognized through various case laws and simultaneously the rights of the parties has also been decided through various case laws pertaining to the parties involved in de facto marriage. As conventional marriages face changing cultural standards, courts have been increasingly asked to clarify the legal status of partnerships that resemble marriage but lack official solemnization. This article delves into the legal doctrine governing de facto marriages in India, documenting how court interpretations have extended key marital rights and protections to participants in such relationships. It dives into major decisions, legislative changes, and the intricate interaction of personal laws and constitutional principles that shapes this changing legal environment.
BACKGROUND-
According to Indiatimes article[1] 1 in 2 Indians prefer living in together before they get married and this trend is more prominent among the younger generation. In India, where traditional marriage is strongly ingrained in cultural and religious traditions, the growth of de facto marriages calls into question established conventions and poses difficult legal issues. Courts have been charged with combining changing society norms with established legal principles, especially in situations involving property rights, inheritance, and maintenance. And its very clear by the stats that the coming generations, live-in-relationship is going to be more prevalent than ever so the legal system and courts have to come up with certain guidelines to address the issue. Especially when there is no explicit legislation, societal regulations, or conventions that govern live-in relationships. The Supreme Court has established rules for dealing with such connections and elaborated on the idea via several judgments throughout time.
RECOGNIZATION OF LIVE-IN-RELATIONSHIP
The first significant case law of Supreme Court which recognized Live-in-relationship was Badri Prasad Vs Deputy Director Consolidation[2] . In this case the involved party in question were living together for 50 years hence the court observed “If man and woman who live as husband and wife in society are compelled to prove, after half-a-century of wedlock by eye-witness evidence that they were validly married fifty years earlier, few will succeed. A strong presumption arises in favor of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its legal origin. Law leans in favour of legitimacy and frowns upon bastardy.”[3] If a man or woman is living together and the relationship between them resembles as of Marriage, the court will lean towards the presumption of the law would be legally married to each other until contrary is proven. This case is significant because it was the first time the Supreme Court of India acknowledged the notion of live-in relationships in the context of law. The decision established the notion that long-term cohabitation might result in a presumption of marriage, offering persons in such partnerships specific legal rights and protections. This decision paved the way for future court interpretations and rights for live-in couples in India.
In another significant Case law of D Velusamy Vs D Patchaiammal[4] there were certain conditions laid down by the Supreme Court to recognize a relationship in ‘the nature of marriage’[5]
- The couple must hold themselves out to society as being akin to spouses.
- They must be of legal age to marry.
- They must be otherwise qualified to enter into a legal marriage, including being unmarried.
- They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
The case is noteworthy because the Supreme Court stated that not all live-in relationships are identical to marriage. The Court set guidelines for recognizing a live-in relationship as equivalent to marriage.
THE RIGHTS OF THE PARTIES IN LIVE-IN-RELATIONSHIP
Section 2(f) of Prevention of Domestic Violence Act, 2005 (PDV Act, 2005) defines domestic relationship as “a relationship between two persons who live or have lived together, at any point of time, in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.” The PDV Act, 2005 covers live-in partnerships that are similar to marriage, where couples live together for an extended period and portray themselves as husband and wife. As a result, the woman in a live-in relationship can seek protection under the Protection of Women from Domestic Violence Act of 2005 and make a claim for maintenance. The same view was held by Supreme Court in the case of D Velusamy V D. Patchaiammal that if the parties adhere to the guidelines laid down by the said court, the woman will be liable to get maintenance under the Act. However, only women can seek maintenance under the Prevention of Domestic Violence Act, 2005.
It is also to be noted that the Justice Malimath Committee’s[6] suggestions in 2003 were one of the first instances where the committee suggested that the definition of Section 125 of the Code of Criminal Procedure, 1973 must be amended accordingly to include a woman who was living with a man as his wife for a significant period of time. Though the suggestion was not incorporated in the act.
In “Tulsa vs Durghatiya,”[7] the Supreme Court ruled that children born from a live-in relationship are not considered illegitimate if their parents lived together for a significant period of time and were recognized as husband and wife, rather than a “walk in and walk out” relationship.
COMPARATIVE ANALYSIS WITH OTHER COUNTRIES
The United Kingdom acknowledges cohabitation, but distinguishes it from marriage and civil partnerships. Couples living together in the UK do not automatically have the same legal privileges as married couples. The idea of a “common-law marriage” is incorrect, as cohabiting partners have little legal rights unless they legalize their relationship through marriage or a civil partnership. Cohabitants in the UK may need to engage into cohabitation agreements or rely on property and trust rules to protect their rights. While both India and UK provide legal recognition for live-in relationships, the UK’s approach is more defined, with obvious differences from marriage, whereas India’s legal views has grown more via judicial interpretation, blurring the borders between cohabitation and marriage.
In USA, the certain States recognizes non-marital cohabitation more formally as “common-law marriage”. If certain requirements are completed, a couple in a common-law marriage can have the same legal rights as those in a formal marriage, including inheritance and spousal support. Where common-law marriage is not recognized, couples’ legal position and rights are governed by cohabitation agreements and state legislation. While both India and the USA provide legal frameworks for live-in relationships, the USA’s approach, especially with common-law marriage, offers more robust legal recognition and rights.
DISCUSSION-
The future of live-in relationships in India is expected to evolve further as society views and legal interpretations develop. Historically, conventional norms supported formal weddings, but growing acceptance of other relationship types has driven legal changes. Recent legal judgments have recognized and granted certain safeguards for live-in couples, but the extent remains restricted and uneven. Future developments might include more legal recognition and rights for couples in live-in relationships, perhaps bringing them closer to those of married couples. There is an increasing need for comprehensive law that covers property rights, maintenance, and inheritance more consistently. Such improvements might result in more explicit legal frameworks and safeguards, minimizing uncertainty and guaranteeing justice.
Furthermore, cultural developments and continued legal examination may lead to a more widespread acceptance of live-in partnerships as a legitimate family structure. This may inspire more inclusive regulations that acknowledge the changing nature of personal relationships in modern India. Overall, the legal environment is gradually embracing live-in relationships; but, the speed and breadth of transformation will be determined by court interpretations, legislative action, and altering cultural norms.
CONCLUSION-
In conclusion, the emerging legal doctrine regarding de facto marriages demonstrates a substantial change toward recognizing and preserving varied family forms. The acknowledgment of live-in partnerships in India, as seen by significant judicial verdicts and legislative actions, shows a growing conformity with current cultural standards and personal liberties. Landmark cases have established precedents by allowing long-term cohabiting partners some legal rights and protections, but there are still hurdles to gaining consistent and full recognition. As society’s views evolve, there is an obvious need for more legislative reforms to promote equitable treatment and clarity in the rights and obligations of individuals in de facto marriages. The continual debate between judicial interpretations and legislative action will be critical to creating a more inclusive and just legal environment. Future improvements should seek to close loopholes, strengthen protections, and establish a solid legal framework that reflects the realities of modern partnerships. Through continuing legal and social progress, the concept of de facto marriage can be better integrated into India’s legal system, ensuring equal treatment and recognition for all individuals.
References
[1] https://timesofindia.indiatimes.com/life-style/spotlight/1-in-2-indians-prefer-living-in-before-they-get-married-study/articleshow/98090751.cms
[2] Badri prasad Vs DY. Director of Consolidation & Ors AIR 1978 SC 1557
[3] Badri Prasad vs Deputy Director, Consolidation and other. (AIR 1978 SC 1557). Indian Kanoon website. 1978. https://indiankanoon.org/doc/215649/
[4] D. VELUSAMY v. D. PATCHAIAMMAL, (2010) 10 SCC 469
[5] D. Velusamy vs. D. Patchaiammal (10 SCC 469). 2010. https://indiankanoon.org/doc/1521881/.
[6] . Dr. Justice V.S. Malimath Report. Committee on Reforms
of Criminal Justice System. Government of India, Ministry of Home Affairs. Report Vol I; March 2003. https://www.mha.gov.in/sites/default/files/criminal_justice_system.
[7] Tulsa & others vs Durghatiya and others ((4) SCC 520). https://indiankanoon.org/doc/988131/.
