In India, live-in relationships have become a subject of increasing discussion in recent years, with questions arising regarding their legality, societal implications, and the consequences of engaging in such a relationship when one is already married.
What is live-in relationship ?
A live-in relationship refers to an arrangement where two people, typically a man and a women, live together as a couple without formalizing the relationship through marriage. the legality of a live-in relationship, especially when one or both partners are already married to others, is complex and varies depending on various laws governing marriage, personal rights, and societal norms.
Legal status of Live-in Relationship in India:-
Indian law does not explicitly recognize live-in relationships in the same manner as marriage. however, the judiciary has offered some degree of protection to individuals in live-in relationships through judicial interpretations.
Landmark judgment:-
In the landmark case of Indra sarma vs. VKV sarma (2013), the supreme court of India held that a live-in relationship between an unmarried man and woman is not illegal, but the relationship must meet certain criteria to be considered legally valid in certain contexts, such as property rights or maintenance. The court clarified that a live-in relationship would be treated similarly to a marriage under the protection of woman from domestic violence act, 2005, if the relationship was of sufficient duration and the parties considered themselves as married.
Live-in Relationships and Marriage:-
under Indian law, marriage is defined as a legal contract between a man and a woman, governed by statutes such as the Hindu marriage Act, 1955, the Special Marriage Act, 1954, or personal laws for other communities. A married person under these laws, cannot marry another while the existing marriage is still valid, as it would be considered bigamy, a punishable offence under section 82 of BNS.
This leads to an important question: can a married individual live in a relationship with someone other than their spouse?
The answer, legally speaking, is nuanced. While a person can technically engage in a live-in relationship while still married to someone else, doing so does not alter the fact that they are already in a legally binding marital relationship.
In India, there is no law that specifically prohibits a married man or woman from living with another person in a live in relationship. However, there are certain laws that may apply to such relationships, such as the laws relating to adultery and bigamy.
Adultery, Bigamy and legal Consequences
The Indian penal code, under section 497, criminalized adultery until a 2018 Supreme Court ruling. In Joseph Shine v. UOI (2018), the Supreme Court decriminalized adultery, stating that it was a violation of the individual’s fundamental rights under the constitution. Despite this ruling, the act of engaging in a live-in relationship with someone whom is married to another may still lead to legal complications, especially in the case of divorce, child custody battles, or inheritance rights.
But now again the BNS, 2023 reintroduces adultery as a criminal offense. Section 84 defines adultery as enticing, taking away, or detaining a married women for illicit intercourse and punishment for adultery is up to 2 years in prison, a fine or both.
Bigamy is defined as the act of marrying another person while still being married to someone else. The IPC and BNS states that whoever having a husband or wife living, marries in any form whatsoever, shall be punished with imprisonment of either description for a term which may extend to 7 years and shall also be liable to fine.
It is important to note that these laws are not specifically aimed at live-in relationship. However, they may be applied to such relationships if the circumstances warrant it. For example, if a married man or woman is found to be living in a live-in relationship with another person, they may be charged with adultery or bigamy depends on the circumstances.
It would be a crime if a married woman stays in a live-in relationship with another person without ending her marriage. And the person living in such a relationship with a woman will be considered a criminal under Section 494/495 of the IPC.
In a recent judgment, the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later. Petitioners Asha Devi and Suraj Kumar approached the High Court contending that they were both adults “living as husband and wife”, and so, no one should interfere in their lives.
The petition was opposed by the state counsel on the ground that Devi started living with Kumar even as she was legally married to his client, Mahesh Chandra. This constituted an offence under Sections 494 (marrying again during the lifetime of husband or wife) and 495 (concealment of former marriage from person with whom subsequent marriage is contracted) of the IPC, the counsel said.
The division bench, comprising Justice SP Kesarwani and Justice YK Srivastava, observed that Devi was still the legally wedded wife of Chandra. “Such a relationship does not fall within the [ambit] …of a live-in-relationship or relationship in the nature of marriage,” the bench said.
“The writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If protection, as prayed for, is granted, it may amount to granting protection against commission of offences under Sections 494/495 of the IPC,” the Court held.
The Court, it held, cannot provide protection to anyone for an act which was illegal according to established laws. Their act was against the definition of a live-in relationship defined by law and the Supreme Court. It is not a live-in relationship, but an act of adultery by both, it ruled. Also, anyone living with a married person after changing the religion is also illegal.
In September 2024 in another judgment, the Punjab and Haryana High court ruled that married people entering into live-in relationships should be protected if they face threats from “any moral vigilant”. The court’s ruling was in the matter of Yash Pal and Anr. vs. State of Haryana and Ors. The court’s ruling was based on the idea that every person has autonomy and that the criminal law cannot be used to interfere with personal autonomy.
Conclusion:
in conclusion, while a married person can technically live with someone else in a live-in relationship, it is fraught with legal, social, and moral complexities. such arrangements do not change the fact that the individual is already married, and they may face consequences related to adultery, divorce and maintenance claims.
The legal system in India offers certain protections to those in Live-in relationships, particularly concerning issues like domestic violence and inheritance. however, it is important to recognize that a married person entering into a live-in relationship with someone else may encounter significant legal challenges, especially in matters of divorce, property rights and child custody.
