RIGHTS OF THE PARTNERS IN LIVE-IN RELATIONSHIPS
In a fast-changing global world, old conceptions of relationships are being reshaped. As more and more people want to live in committed relationships without being married legally, living relationships—also referred to as cohabitation or domestic partnerships as held in the case of Indra Sharma vs V.K. Sharma,—are becoming more widespread. In companionship, it's important to be aware of your legal rights and obligations in these kinds of relationships.
In Badri Prasad v Dy. Director of Consolidation, the Supreme Court held live-in relationships valid between consenting adults of marriageable age and sound mind is legal under Indian law. Further, in the case of Payal Sharma v Nari Niketan, the court held that the live-in relationship is not to be considered illegal or an offense under any law of India.
There is legal ambiguity around living relationships in several places. Legal frameworks governing cohabiting partners' relationships are typically uncertain, in contrast to marriage, which carries with it a full set of rights and duties. As a result, partners must understand their legal rights and take proactive measures to safeguard themselves.
Rights under Live-in Relationship
Right to Maintenance:
According to section 125 of the Code of Criminal Procedure, 1973 deals with the right to maintenance. The deprived partner in a live-in relationship is now covered by the same regulations. The definition of "wife" was changed by an amendment to Section 125, based on the Malimath Committee Report's recommendations. women who are in live-in relationships or who have been deserted by their partners, acquire the legal status of wife.
In the case of Chanmuniya v. Virendra Kumar Singh Kushwaha and another, IT WAS held that the term "wife" should be broadly interpreted to include couples living together as husband and wife for a significant period, without strict proof of marriage, for maintenance under Section 125 CrPC. the Supreme Court in the case of D.Velusamy vs D.Patchaiammal, imposed specific requirements on a live-in couple for them to be deemed a couple in the sense of marriage. The couple must be of a legal age to marry and are qualified to enter into a legal marriage. The association must be voluntarily cohabited and They hold themselves out to society as being akin to spouses.
Right of Inheritance of Property:
In a live-in relationship, partners do not automatically inherit each other's property. However, couples who have lived together for a reasonable period of time can inherit each other's property through a will or as a gift. However, a live-in partner cannot acquire their partner's ancestral property. This was held in the case of Vidhyadhari vs. Sukhrana Bai.
The 2015 case of Dhanulal v. Ganeshram defined a woman's right to inherit property upon the death of her live-in partner as after the cohabitation for a considerable period will be considered marriage by the court and so the partner in the live-in relationship has the right to Inherit the property.
Rights and Custody of Children Born Out of Live-in Relationships:
In S.P.S Balasubramanyam v. Suruttayan, the Supreme Court for the first time considered the question of the legitimacy of children born from live-in relationships. It was held that when a man and woman are living under the same roof and cohabiting for a reasonable period of time, the children born to them will not be illegitimate. The court discussing the legitimacy of the child has held that regardless of the legitimacy of the relationship of the parents, the status of the child must not be concluded as illegitimate and the child has the same rights as those born in valid marriages. Further, to clarify the status of the child the court in the case of the Supreme Court in Bharata Matha v. R. Vijaya Renganathan held that "children born out of the live-in relationship are legitimate and upheld their inheritance right in the property.
According to the Hindu Minority and Guardianship Act of 1956, the father is considered the natural guardian of legitimate minor children. However, in case the father is incapable of acting as the guardian, the mother assumes the role of the guardian. The Act also contains a provision, Section 6(6), which states that the mother has custodial rights over children born out of illegitimate relationships.
Custodial rights in cases of live-in relationships present a challenge due to the absence of specific legislation addressing this issue. When couples separate, custodial disputes may arise. Courts may handle these cases either as those of a married couple's child or as those of an unmarried single mother, as there is no dedicated legislation for live-in relationships.
Conclusion
In conclusion, partners must be aware of their legal rights and duties as live-in relationships become more common and accepted. Legal frameworks may not be as simple as those of marriage, but recent court decisions have shed light on crucial issues including maintenance, inheritance rights, and the validity of children born in these types of relationships. However, because there is no specific statute, issues persist, particularly about custodial rights. Therefore, it is essential to take the necessary legal steps to safeguard your rights. Ultimately, managing the rights and obligations in cohabitation requires knowledge, legal clarity, and mutual understanding.
