The person’s autonomy has been greatly affected by several factors such as urbanisation, change in social norms, resulting in the emergence of live-in relationships. These are relationships act as a model alternative to traditional forms of marriage, especially in India. As India is a culturally driven country, there are several social stigmas evolving around live-in relationships. Even after so many prejudices, the Indian courts have progressively recognised these relationships. They have granted them certain rights, especially to women, under the existing legal framework. However, the absence of any codified law leaves the protection of an individual to a judicial interpretation, making the legal framework full of uncertainties and inconsistencies.
From Stigma to Recognition
Traditionally, marriages played a crucial role in lawful domestic Lives, especially in India. For a long time, cohabiting outside marriage was considered immoral and even criminal. For many years, there was no legal space for the existence of such unions, leading to a lack of recognition in any kind of personal laws.
However, the shift in social and cultural perspectives of the people’s centrality of marriage, even the Indian judiciary, slowly started to adapt to this new reality. Abs routinely started recognising the consensus in the relationships.
Judicial Presumption of Marriage
The Indian courts have successfully contributed to the development of jurisprudence on live-in relationships. Several landmark cases, such as Chanmuniya v. Virendra Kumar and Indra Sarma v. VKV Sarma, have changed the dynamics drastically. Through this judgements, section 125 of the CrPC has been extended, and the Domestic Violence Act can now also be enforceable by partners in live-in relationships. In addition to this, a doctrine of presumption of marriage under section 114 of the Indian Evidence Act has also been developed.
Another landmark judgement of Tulsa v. Durghatiya (2008), the Court emphasized that the law leans in favor of legitimacy over bastardy. In the recent case from 2023, the Supreme Court found that long-term cohabitation creates a presumption of marriage, especially in disputes over Property or inheritance.
This allows the long-term cohabiting couples to be treated as married couples for certain purposes. As there are still no codified standards Availing these rights Greatly depends on proving relationship duration And public acknowledgement.
Maintenance and Domestic Violence Protections
The main critical step taken by the court is to safeguard women in the live in relationships. As discussed in the case of Chanmuniya v. Virendra Kumar (2011), The apex court held at women in a Bonafide marriage-like relationship might have the right to obey the maintenance provisions under Section 125 of criminal procedure code. Similar protection can also be available through protection of women from domestic violence act, 2005.
But this representation does not come automatically but requires long cohabitation and public acknowledgement as we have discussed before. Casual or any kind of brief relationships do not qualify under this provisions. This prevents the legal abuse of the statutes but also leave grey zone for several individuals.
Children’s Rights: Toward Legitimacy
Apart from all this ambiguities one major consistency shown by the courts is in the matter of children in the case of Tulsa the bench stated that born out of couple cohabiting for a significant ly long time are legitimate children therefore they are entitled to inheritance as well as the other legal rights as long as the parent and children relationship can be established.
The recent Uttarakhand uniform civil code draft also reaffirmed this approach. Even though this code right now is only applicable in Uttarakhand, but sets the view for further developments and a broader judicial conscience that lets children not suffer any legal disadvantages.
Way Forward
In comparison to India, Several Western countries have clear framework for governing the live in relationships. This includes civil unions or common law marriage, which grants legal status to cohabiting couples. Not only just Western countries but there are some Asian jurisdictions as well Mitsubishi draught laws or pilot schemes for their recognition Suggest Thailand and South Korea. Judicial approach which is focused on protecting women falls at risk, without any proper legal framework.
The next step forward that can be expected through Parliament is filling up this legislative vacuum. A progressive uniform civil code, or a specific codification related to live-in relationships, will be of great help. This will also ensure gender neutral protection and accept modern realities in Indian families.