What is the legal position on live-in relationships?

Sub: Polity

Sec: Constitution

Context:

The Lucknow bench of the Allahabad High Court stated that a Muslim cannot claim rights in a live-in relationship when he or she has a living spouse.

What are Live in Relationships?

The concept of a live-in relationship is not defined anywhere in India.
It refers to a proposal of two individuals living together with consent.
It allows an individual to understand each other which helps in making an informed decision for marriage.
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis.
The concept of a live-in relationship was recognised in Payal Sharma versus Nari Niketan by the Allahabad High Court.

Recent Case:

A two judge Bench of Justices A.R. Masoodi and A.K. Srivastava called such a relationship against the tenets of Islam while hearing a writ petition.
The judges stated that Islamic tenets do not permit live-in relationships during the subsisting marriage.

Constitutional Dimensions:

Right to Cohabitation:

Article 19(1)(e) of the Indian Constitution states that every citizen has the right to reside and settle in any part of the territory of India.
So the adults who wish to live together have the right to reside anywhere and cannot be denied accommodation based on their marital status.
In Khushboo V Kanniammal case , the Supreme Court held that a live-in relationship comes within the ambit of Right to life under Article 21 of the Constitution of India.

What have the Courts said about live-in relationships?

India does not have any laws that directly address live-in partnerships.
- For a man and a woman to live together is part of ‘the right to life’ and therefore, a live-in relationship is no longer an offense.
According to the Supreme Court judgment in Badri Prasad v. Dy. Director of Consolidation (1978), live-in relationships in India are legal but subject to caveats like age of marriage, consent and soundness of mind.
In Lata Singh vs state of U.P 2006 case , Supreme Court held that a live-in relationship between two consenting adults of opposite sex, though perceived as immoral, does not amount to any offense under the law.
The Punjab and Haryana High Court stated that a couple living together without obtaining a divorce from their previous spouse cannot be classified as being in a “live-in relationship” or being in a union similar to marriage.