Topic

Relations in nature of marriage and legal wedlock

Submitted by
Sagar Kamrani

Division: D
PRN: 16010324361
Class: BBA.LL.B

Symbiosis Law School, Hyderabad

Symbiosis International University, Pune

In
July, 2017
Under the guidance of
Miss. Ambrina Khan
Assistant Professor
Family Law
 CERTIFICATE

The project entitled “ Relation in the nature of marriage and legal wedlock “ submitted to the
Symbiosis Law School, Hyderabad for Family law as part of Internal Assessment is based on my
original work carried out under the guidance of Assistant Professor Miss Ambrina Khan from
July 2017 to October 2017 . The Research work has not been submitted elsewhere for award of
any degree.
The material borrowed from other sources and incorporated in the research paper has been duly
acknowledged.
I understand that I myself would be held responsible and accountable for plagiarism, if any,
detected later on.

Signature of the Candidate

Date:
Index
1. What is live in relationship?
2. Legal status of live in relationship
3. Relationship in the nature of marriage
4. Void and voidable marriage
5. Right of female in live in relationship
6. Common law marriage
7. Landmark Judgments
8. Status of Live in relationship in other countries
9. Legal wedlock
10.Conclusion
11.bibliography
What is live in relationship?
Live in relationship is that in which an unmarried couple live under one roof for a long span of
time and they are in relationship for that period of time, that resembles a marriage which is
known as live in relationship this type of relationship is more found in youth age. This form of
living together is not recognized by Hindu Marriage Act, 1955 or any other statutory law1.
 Live in relation which can also be referred to as cohabitation 2, in essence, is an arrangement
whereby two people agree to live together on a permanent or long term basis in a sexually and/or
emotionally intimate relationship. However, that moniker is typically used to denote unmarried
couples who live under the same roof. live in relationships in india are getting more popular day
by day especially across all major cities. Unlike a few years back, when social norms was strictly
against such relationships even in the urban areas, a lot of young couples these days are living
together without marriage. The main reasons behind cohabitation or live in between unmarried
couples in India, include:
 Young couples in love try it to know each other better
 Many try it to test their compatibility as a couple
 Some do to satisfy their own needs(daily stuff,clothes,and other expenses)
 College students or young professionals also cohabit or live in to limit their
expenses (for example, food expenses, rent of living in house and etc.)

Live-in Relationship is an arrangement of living, where unmarried couples agree to live together
and conduct a long going relationship similar to marriages, without getting married formally. In
India, there is no legislation which recognized a live-in relationship. The rights and obligations
of the parties in such a relationship and the status of children born out of such relationship is also
not defined in any specific law in India. However, the courts have taken a view that where a man
and women live together, as husband and wife for a long term, the law will draw presumption as
if they were actually married.
The Protection of Women from Domestic Violence Act, 2005 3 provides for the protection,
1
itis the term used to define written law.
2
the state of living together and having a sexual relationship without being married.
3
Act of the Parliament of India enacted to protect women from domestic violence
maintenance and right of Palimony (a form of alimony paid to a former partner in a non-marital
relationship), to the female partner in a live-in-relationship, on her complaint. Thus, the female
live-in-partners and the children of live- in- couples have been accorded adequate protection by
the Judicial System. The live
In relationships may be immoral for an Indian Society but no law makes such relationships
illegal.

LEGAL STATUS OF LIVE IN RELATIONSHIP

The definition of live in relationships is not clear and so is the status of the couples in a live in
relationship. There is no specific law on the subject of live in relationships in India. There is no
enactment to characterize the rights and commitments of both to a live in relationship the status
of children born to such couples. In the absence of any law to define the status of live in
relationships, the Courts have come forward to give clarity to the concept of live in
relationships .The Courts have taken the view that where a man and a lady live respectively as a
couple for a long period of time, the law will assume that they were legitimately married unless
proved contrary: In a landmark judgment that can reduce the stigma of living in a live-in-
relationship, the Supreme Court ruled out that couples living in live-in-relationships will be
presumed legally married.
The apex court also said that in case if the man dies, then his property will be inherited by his
partner.

Relationship in the nature of marriage

The word relationship in the nature of marriage is not define anywhere, but this word is used in
Sec 2 (f) of The Protection of Women from Domestic Violence Act, 2005 (hereinafter PWDV
Act, 2005). According to the Sec. 2(f) of the Act 2005, “domestic relationship” as a relationship
between two persons who live or have, at any point of time, lived together in a shared household,
when they are related by consanguinity, marriage or through a relationship in the nature of
marriage, adoption or are family members living together as a joint family.

Void and Voidable Marriage

The rules regarding solemnization4 of marriage vary from religion to religion, according to their
personal laws and customary practices. In India, there are two major communities, Hindus and
Muslims. The Validity of Hindu Marriages is governed by Sec.- 11 and 12. The Hindu Marriage
Act, 1995 wherein it is provided “Any marriage solemnized after the commencement of this Act
shall be null and void if:-
 Either party has a spouse living at the line of marriage.
 The parties are within the degrees of prohibited relationship; or
 The parties are Sapindas of each other. Sec. 12 further provides the grounds
where a marriage shall be voidable and may be annulled by decree of nullity

Rights of Female in Live-in-relationship:-

In June 2008, it was recommended by national commission for women to the Ministry of women
and child development to include live in female partners for the right to maintenance under
section 125 of The Code of Criminal 1973C. The view was also supported by the judgment in
Abhijit Bhlkaseth Auti V. State of Maharashtra and others. In October 2008, the Maharashtra
Government also supported the concept of live-in relationship by accepting the proposal made by
Malimath Committee and Law Commission of India which suggested that if a woman has been
in a live-in-relationship willingly for a long span of time, she has right to enjoy the legal status as
given to wife. However, recently it was observed that it is divorced wife who is treated as a wife
in context of Sec. 125 CRPC5 if a person has not even been married i.e. the case of live in
partners, they cannot be divorced, and hence cannot claim maintenance U/s 125 CRPC. The
partner of a live-in-relationship was first time accorded protection by the protection of women
from Domestic Violence Act 2005, which considers females who are not formally married, but
are living with a male person in a relationship, which is in the nature of marriage also akin to
wife, though not equivalent to wife. Sec. 2(f) of the Act defines domestic relationship which
means a relationship between two persons who live or have, at any point of time, lived together
in a shared household, when they are related by consanguinity 6, marriage or through a
relationship in the nature of marriage, adoption or are family members living together as a joint
family. Thus the definition of domestic relationship includes not only the relationship of marriage but also
4
 It refers to the performance of a ceremony. 
5
Order for maintenance of wives, children and parents.
6
The property of being from the same kinship as another person.
a relationship in the nature of marriage. In a case of Varsha Kapoor v. U.O.I. & Ors9 . The Delhi High
Court has held that female living in a relationship in the nature of marriage has right to file complaint not
only against husband or male partner but also against his relative.

Common Law Marriage

Where two parties live together in live in relationship for a long period of time and show their
society as they are a married couple are recognized in law as common law marriages. In the
Robinson Women’s Legal Centre Trust Vs. Richard Gordon Volkas etc., the High Court of
South Africa laid down guidelines to determine whether a relationship is in nature of marriage:-
(i) The commitment of the parties to be under one roof.
(ii) The existence of significant period of living together.
(iii) The existence of financial and other dependency between the parties including significant
mutual financial arrangements visa-vis the household
(iv) The existence of children of the relationship.
(v) The rule of the partners in maintaining the household and in the care of the children. These
guidelines prove beneficial is ascertaining the relationship in nature of marriage.

Landmark judgments over the years

Following are the landmark Supreme Court judgment on the concept of live in relationship:

Badri Prasad vs. Dy. Director of Consolidation, 1978

This was the first case in which the Supreme Court of India recognized live in relationship and
interpreted it as a valid marriage. In this case, the Court gave legal validity to a 50 year live in
relationship of a couple. It was held by Justice Krishna Iyer that a strong presumption arises in
favor of wedlock where the partners have lived together for a long term as husband and wife.
Despite the fact that the assumption is rebuttable 7, a burden lies on him who tries to deny the
relationship of its legitimate origin. Law inclines for authenticity and frowns upon bastardy

Tulsa & Ors vs. Durghatiya & Ors, 2008

The Supreme Court provided legal status to the children born from live in relationship. It was
7
is an assumption made by a court, For example, a defendant in a criminal case is presumed innocent
until proved guilty.
held that one of the crucial pre-conditions for a child born from live-in relationship to not be
treated as illegitimate are that the parents must have lived under one roof and co-habited for a
considerably long time for society to recognize them as husband and wife and it must not be a
"walk in and walk out" relationship. Therefore, the court also granted the right to property to a
child born out of a live in relationship.

D.Velusamy vs. D.Patchaiammal, 2010

The judgment determined certain pre-requisites for a live in relationship to be considered valid.
It provides that The couple must hold themselves out to society as being akin to spouses and
must be of legal age to marry or qualified to enter into a legal marriage, including being
unmarried. It was stated that the couple must have voluntarily cohabited and held themselves out
to the world as being akin to spouses for a significant period of time. The court held that not all
relationships will amount to a relationship in the nature of marriage and get the benefit of the
Domestic Violence Act. It further clarified that, if a man keeps women as a servant and
maintains her financially and uses mainly for sexual purposes, such relationship would not be
considered as marriage in the court of law. Therefore to get such benefit the conditions
mentioned by the Court must be satisfied, and has to be proved by evidence.
Here, the court relied on the concept of ‘palimony 8’ which was used in the USA for grant of
maintenance in live in relationships. The concept of palimony was derived in the case of Marvin
vs. Marvin, a landmark judgment of the California Superior Court.

S. Khushboo vs. Kanniammal & Anr, 2010

The Supreme Court in this case dropped all the charges against the petitioner who was a south
Indian actress. The petitioner was charger under Section 499 of the IPC 9 and it was also claimed
that the petitioner endorsed pre-marital sex and live in relationships. The court held that living
together is not illegal in the eyes of law even if it is considered immoral in the eyes of the
conservative Indian society. The court stated that living together is a right to life and therefore
not ‘illegal’.

Indra Sarma vs. V.K.V.Sarma, 2013

8
compensation made by one member of an unmarried couple to the other after separation.
9
Defamation
The recent judgment of the Supreme Court has illustrated five categories where the concept of
live in relationships can be considered and proved in the court of law. Following are the
categories:
 Domestic relationship between an adult male and an adult female, both unmarried. It is
the most uncomplicated sort of relationship
 Domestic relationship between a married man and an adult unmarried woman, entered
knowingly.
 Domestic relationship between an adult unmarried man and a married woman, entered
knowingly. Such relationship can lead to a conviction under Indian Penal Code for the
crime of adultery10.
 Domestic relationship between an unmarried adult female and a married male, entered
unknowingly
 Domestic relationship between same sex partners ( gay or lesbian)

Status of Live- In-Relationship in Other Countries:

a) In France, a ―Civil Solidarity Pacts‖ known as “pacte civil de solidarite (PACS)
passed by the French Parliament in November 1999 that allows couples to enter into a
union by signing before a court clerk. It is a contractual form which binds “two adults
of different sexes or of the same sex, in order to organize their joint life” and allows
them to enjoy the rights accorded to married couples in the areas of income tax,
housing and social welfare. The contract can be revoked unilaterally or bilaterally
after giving the partner three months‘ notice in writing. As of 2013, PACS remains
available to both- same and opposite sex couples after marriage and adoption rights
were made legal for same-sex couples.
b) In the UK, live-in-couples do not enjoy legal benefits and status which are granted to
married couples. People in such a relationship are literally ‗free‘ from all legal
bindings. Partners do not have inheritance right over each other‘s property unless
named in their partner‘s will. State pension is available to the wives and civil partners
(for same-sex couples who have legalized their status) of those who have retired after

10
voluntary sexual intercourse between a married person and a person who is not their spouse.
 April 2010 is not similarly applicable to partners who live-in. Bereavement
11
Allowance that is available to widowed spouses is also not available to live-in
partners who have lost their mate. However, the law seeks to protect the rights of a
child born under such relationship. Both parents have the onus of bringing up their
children irrespective whether they are married or cohabiting.
c) In Canada recognizes live in relationship as ―Common Law Marriage A recent
ruling in B.C. that grants common-law partners the same fundamental rights as
married couples after two years of cohabitation has cast a light on how common-law
couples are treated. The presence of children can significantly affect the way a
common-law relationship is viewed in the eyes of the law in other provinces.
d) In China, couple who wants to be in relationship can sign a contract and live
together.The rights of a child are same and secured as a child born outside the
wedlock (illegimated child) has the same benefits as enjoyed by the child born under
a marriage(legimated child).
Legal wedlock
Wedlock is state of being married, and this term is usually used for children who are
born out of wedlock also known as illegitimated children, children who are born out
of parents,whose parents are not legally married.

Legitimated children are those children whose parents are legally married

Conclusion
The live-in-relationship is not any more a curiosity to Indian culture, couples of who are
live in relationship are increasing in number; in the meantime establishment of relational
unions remains unaffected.Development of live-in relationship appears to represent a test
to the strong shake on which foundation of marriage has been developed and supported.
Separate of joint family framework has offered ascend to satellite families. Spread of
training of ladies has prompted development of a multitude of Indian lady who are
procuring and capably helping their spouses coming about into rise of two fold salary
families. As an effect of globalization, families are separated and life accomplices are
bound to remain alone in various nations of the world far from their life accomplices.
11
the action or condition of being bereaved.
May be that this societal change has offered ascend to the development of live-in-
relationship

Bibliography
. Books
 Dinshah Fardunji Mulla, Satyajeet Atul Desai, Principles of Hindu Law, Volume 1(20th
ed.), New Delhi, LexisNexis Butterworths, 2007
 Dalbir Bharati, Women and Law, (2008), New Delhi, S.B. Nangia-APH Publishing
Corporation,
 Dr. Kailash Rai, The Constitutional Law of India, (7th ed.), Allahabad: Central law
publications, 2008

WEBSITES
1. www.legalserviceindia.com
2. www.scribd.com
3. Wikipedia