In a shocking incident that has drawn attention to the ongoing debate surrounding the legality of live-in relationships in India, a Delhi woman, identified as Baby, allegedly stabbed her live-in partner, Samuel, on suspicion of him talking to another woman. The episode occurred in the early hours of Saturday in Kishangarh, according to the Delhi Police. Despite the violent altercation, the man is reportedly stable in a local hospital, and the accused woman is currently under arrest, with further investigations pending.
Live-in relationships, characterised by domestic cohabitation between two unmarried individuals, present a complex challenge to India’s traditional societal norms. Such relationships have been increasing, particularly in metropolitan areas and tier-1 cities, as young upwardly mobile individuals explore compatibility before deciding on serious commitments like marriage. Despite the increasing prevalence of such relationships, they are not uniformly accepted. A significant fraction of the Indian population remains opposed to the notion of live-in relationships, and these relationships are often regarded as culturally improper or repugnant to societal standards. The forms of live-in relationships in India can be classified into three basic categories. First, relationships involving domestic cohabitation between two unmarried heterosexual individuals, which is the most prevalent. Second, adulterous live-in relationships, and finally, domestic relationships between same-sex couples. The last two forms present significant legal and societal challenges, with laws often failing to provide clarity or protection.
The legal repercussions of live-in relationships in India are nuanced. Several court rulings have attempted to clarify and define the parameters of such relationships, often drawing on existing laws. In Indra Sarma v. VKV Sarma (2013), the Supreme Court laid out parameters to define a relationship as “in the nature of marriage”, examining aspects such as the time period of the relationship, shared household, financial arrangements, intentions and behaviours of the parties, domestic arrangements, and public socialisation.
Indian law, while ambiguous about live-in relationships, has evolved to provide certain rights and protections. Article 21 of the Indian Constitution, for instance, includes the right to cohabit without interruption as part of the basic right to life and personal liberty. The Protection of Women from Domestic Violence Act, 2005, encompasses relationships that have the characteristics of marriage, thus giving women in live-in relationships the right to seek protection and maintenance. Moreover, Section 125 of the Criminal Procedure Code permits a woman to claim maintenance from a man if she can establish a marriage-like relationship.
Live-in relationships in India present numerous challenges and questions, ranging from societal acceptance to legal recognition and protection.
They also raise issues of ethics and culture, forcing a reevaluation of traditional norms and values. The growing acceptance of live-in relationships represents an intriguing shift in India’s societal dynamics. However, there remains a pressing need for legislation to protect the rights and interests of individuals engaged in such relationships, especially considering potential violence or dispute, as evidenced by the recent cases in Delhi and Mumbai.
In conclusion, while live-in relationships offer an alternative model to traditional marital setups and provide a degree of freedom and autonomy to the involved individuals, they remain a contentious issue within India’s cultural and legal landscape. As societal attitudes continue to evolve, so must legal structures, to ensure protection and justice for all involved parties
