Revision as of 13:59, 6 February 2014

Live-in relationships

Live-in relations gain traction

Courts Progressive, But Careful While Defining Relationships

Smriti Singh TNN 2013/07/03

The Times of India

A live-in relationship is an arrangement of living where the couples which are unmarried live together to conduct a long-going relationship similarly to marriage. In 2010, the SC in its landmark judgment had opined that a man and woman living together without marriage cannot be construed as an offence. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,” a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan said in S Khushboo’s case.

Legal experts say the meaning of a live-in relationship should be understood with due caution. “The courts have been careful whenever they have interpreted live-in relationships. They do not talk about short-term arrangements but a longstanding commitment where the man and woman stay and share the same framework as that of marriage. The courts have time and again given clarity on that, and that for me is a fair amount of progressive view,” said senior lawyer Pinky Anand.

Where others countries stand

SCOTLAND

Live-in relationships are legally recognized as cohabitation. The law takes into account not only the length and nature of a couple’s relationship but also their financial arrangements. If the relationship breaks down, either partner has the right to seek financial support from the other

CANADA

A live-in couple has the option to enter into a legal agreement concerning the ownership and division of property, obligations regarding financially supporting each other, and the education and moral training of their children, but not the custody of children

AUSTRALIA

The family law act recognizes a live-in arrangement as a “de facto” relationship when the two parties are not married or related by family but have been living together as a couple on a “genuine domestic basis”

FRANCE

A civil solidarity pact, commonly known as a PACS, is a form of between two adults (same-sex or oppositesex) for organizing their joint life. It brings rights and responsibilities, but less so than

'Live-in relationships among adults fine: SC'

From the archives of The Times of India 2010

Live-in relationships among adults fine: SC

TIMES NEWS NETWORK

New Delhi: A much-publicized statement of south Indian film actress Khusboo on premarital sex, virginity and live-in relationships came for some favourable comments from the Supreme Court, which said there was nothing illegal in live-in relationships between adults. When Khusboo’s counsel Pinky Anand read out a portion of her interview to a fortnightly magazine whose translated version in a Tamil newspaper created pandemonium and led to filing of 23 complaint cases against her all over the country, the court wanted to know from the complainants as to what was so abhorrent in her view.

According to an agency report, the court drew on the mythology of Radha and Krishna living together to substantiate its point.

When they argued that it was virtually inducing others to commit an illegality, a bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan shot back saying in that case they should also sue the apex court, which has held livein relationship between adults as legal. Referring to the development of law with the dynamics of social behaviour, the bench also referred to the recent judgment of Delhi high court legalizing consensual sexual relation between adults falling in the category of lesbian, gay, bisexual and transgender (LGBT) group. After a day-long hearing, the bench reserved its verdict on Khusboo’s appeal.

With the actress sitting in the front row and appearing to be immersed in the interesting arguments and exchange of views, her counsel Anand said her client’s comments in 2005 to a news magazine was in response to a survey on premarital sex in big cities in India and was a bona fide opinion.

‘Mistress can’t invoke protection law’

SC: If Married Man Walks Out Of Relation, Live-In Partner Not Entitled To Relief

Dhananjay Mahapatra TNN

The Times of India

New Delhi: Check the man’s marital status before going in for a live-in partnership was the loud signal from the Supreme Court which ruled that the Domestic Violence Act could not be invoked by a woman in a live-in relationship with a married man, especially if she knew his marital status.

A relationship between a woman and a married man could not be termed a ‘relationship in the nature of marriage’, the basic requirement for an aggrieved woman in a live-in relationship to take recourse to the Domestic Violence Act for action against her ‘erring’ partner, the court said.

After giving this interpretation to live-in relationship between a married man and an unmarried woman, a bench of Justices K S Radhakrishnan and Pinaki Chandra Ghose said if the married man walked out of such a relationship, the woman was not entitled to seek maintenance under Domestic Violence Act from him.

On the contrary, it warned, the deserted woman ran a risk of being sued for damages by the man’s wife and children for alienating them from the love and care of their husband/father.

But the bench was aware of the social reality of married men walking out of livein relationships. Finding that in such cases, poor and illiterate women suffered the most, the SC appealed to Parliament to take remedial measures through appropriate laws.

One Indra Sarma had a live-in relationship with V K V Sarma, already married with two children. The man moved in with her, started a business enterprise with her and after several years, went back to his family. After the live-in relationship ended, Indra moved a Bangalore court demanding from him a house, a monthly maintenance of Rs 25,000, reimbursement of her medical bills and Rs 3.50 lakh in damages.

The trial court found that the two lived together for 18 years. Finding the woman aggrieved, the magistrate directed the man to pay Rs 18,000 per month towards her maintenance under Domestic Violence Act. The sessions court upheld the trial court decision.

But the Karnataka high court set aside the trial court order saying the live-in relationship did not fall within the ambit of “relationship in the nature of marriage”, a cardinal principle for one to invoke DV Act. Upholding the HC order, Justices Radhakrishnan and Ghose said, “We are of the view that the appellant (Indra Sarma) having been fully aware of the fact that respondent (V K V Sarma) was a married person, could not have entered into a live-in relationship in the nature of marriage.”

But the bench noticed the deficiency in law to address such ties in which women, especially poor and illiterate, suffer the most when their partners — already married men — just walk out.

'Neither a crime nor a sin': SC

Live-in or marriage-like relationship neither a crime nor a sin: Supreme Court

PTI [1]| Nov 28, 2013

NEW DELHI: Live-in relationship is neither a crime nor a sin, the Supreme Court has held while asking Parliament to frame law for protection of women in such relationship and children born out of it.

The apex court said, unfortunately, there is no express statutory provision to regulate live-in relationships upon termination as these relationships are not in the nature of marriage and not recognised in law.

In the landmark judgement, a bench headed by Justice K S Radhakrishnan framed guidelines for bringing live-in relationship within the expression 'relationship in the nature of marriage' for protection of women from Domestic Violence Act.

"Parliament has to ponder over these issues, bring in proper legislation or make a proper amendment of the act, so that women and the children, born out of such kinds of relationships be protected, though those types of relationship might not be a relationship in the nature of a marriage," the bench said.

"Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal," the bench said, adding that various countries have started recognising such relationship.

The apex court said a legislation is required as it is the woman who invariably suffer because of breakdown of such relationship.

"We cannot, however, lose sight of the fact that inequities do exist in such relationships and on breaking down such relationship, the woman invariably is the sufferer," it said, noting "Live-in relationship is a relationship which has not been socially accepted in India, unlike many other countries".

The bench, however, said that legislature cannot promote pre-marital sex and people may express their opinion, for and against.

"Such relationship, it may be noted, may endure for a long time and can result pattern of dependency and vulnerability, and increasing number of such relationships, calls for adequate and effective protection, especially to the woman and children born out of that live-in-relationship. Legislature, of course, cannot promote pre-marital sex, though, at times, such relationships are intensively personal and people may express their opinion, for and against," it said.

The bench, however, said that maintaining an adulterous relation would not come within the ambit of live-in relationship which is to be protected by law.

"Polygamy, that is a relationship or practice of having more than one wife or husband at the same time, or a relationship by way of a bigamous marriage that is marrying someone while already married to another and/or maintaining an adulterous relationship that is having voluntary sexual intercourse between a married person who is not one's husband or wife, cannot be said to be a relationship in the nature of marriage," it said.

When a live-in relationship becomes a domestic relationship

From the archives of The Times of India 2007, 2009

SC lays down conditions for women seeking maintenance in live-in relationships

PTI, Oct 21, 2010, 01.58pm IST

NEW DELHI: A woman in a live-in relationship is not entitled to maintenance unless she fulfils certain parameters, the Supreme Court held today while observing that merely spending weekends together or a one night stand would not make it a domestic relationship.

A bench comprising Justices Markandey Katju and T S Thakur said that in order to get maintenance, a woman, even if not married, has to fulfil the following four requirements:

(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 of time.

"In our opinion, not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (Protection of Women from Domestic Violence Act). To get such benefits the conditions mentioned by us above must be satisfied and this has to be proved by evidence.

"If a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and or as a servant, it would not in our opinion be a relationship in the nature of marriage," the court said.

"No doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 Act (Protection of Women from Domestic Violence Act) but then it is not for this court to legislate or amend the law. Parliament has used the expression 'relationship in the nature of marriage' and not 'live-in relationship'. The court in the garb of interpretation cannot change the language of the statute," the bench observed.

The apex court passed the judgement while setting aside the concurrent orders passed by a matrimonial court and the Madras High Court awarding Rs 500 maintenance to D Patchaiammal who claimed to have married the appellant D Velusamy.

Velusamy had challenged the two courts order on the ground that he was already married to one Laxmi and Patchiammal was not married to him though he lived with her for some time.

Interpreting section 125 of CrPC relating to maintenance, the apex court said besides a legally-wedded wife, dependent parents and children alone are entitled to maintenance from a man.

But the Domestic Violence Act expanded the scope of maintenance by using the expression 'domestic relationship' which includes not only the relationship of marriage but also a relationship 'in the nature of marriage'.

"Unfortunately this expression has not been defined in the Act. Since there is no direct discussion of this court on the interpretation of this expression, we think it necessary to interpret because a large number of cases will be coming up before the court in our country on this point and hence an authoritative decision is required," the bench said.

According to the apex court, the legislation was enacted in view of the new social phenomenon in the country in the form of live-in relationship.

"In feudal society, sexual relationship between man and woman outside marriage was totally taboo and regarded with disgust and horror as depicted in Leo Tolstoy's novel 'Anna Karenina', Gustave Flaubert's novel 'Madame Bobary' and the novels of the great Bengali writer Sarat Chandra Chattopadhyay.

"However, Indian society is changing and this change has been reflected and recognised by Parliament by enacting the Protection of Woman from Domestic Violence Act, 2005," the bench said.

The apex court discussed at length the various US courts' rulings on grant of maintenance under the doctrine of 'Palimony'(pals) under which divergent rulings were passed vis-a-vis maintenance to a woman in a live-in relationship.

The bench recalled the California superior court's ruling in Marvin versus Marvin (1976) case wherein maintenance was awarded to the woman in live-in relationship.

The case related to the famous film actor Lee Marvin with whom a lady Michelle lived for many years without marrying him and was then deserted following which she claimed p alimony.

In the present case, the apex court said that since the two lower courts had been given an opportunity to Velusamy's first wife Laxmi to be heard, the directions passed by it was erroneous hence it remanded the matter back to the matrimonial court to examine whether Laxmi was the legally wedded wife of Velusamy.

See also

Age of consent Live-in relationships Premarital sex Rapes in India