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Abstract

 
Live-in relationships, or cohabitation, are a form of a romantic relationship where two individuals choose to live together outside the confines of a marital relationship. In India, live-in relationships are still considered taboo and are not legally recognized. Although the legal protections provided to live-in couples by the Supreme Court of India may not be deemed sufficient, they have been acknowledged as a positive development towards safeguarding the rights and well-being of such couples, thereby recognizing live-in relationships as a legitimate form of partnership. The prevalence of cohabitation is on the rise in India. Unmarried cohabiting partners encounter various legal and societal obstacles stemming from the absence of legal acknowledgment of their union. In recent years, there has been a growing prevalence of live-in relationships in India. Over time, the recognition of live-in relationships has evolved within the Indian legal system, which has traditionally only acknowledged marriage as the foundation for property rights. The present article aims to investigate the property rights of couples cohabiting in India, encompassing the acknowledgment of live-in relationships, the inheritance rights of such couples, judicial precedents that validate these rights, and legislative amendments that have been implemented to incorporate them.

Introduction

The traditional family structure in India has been founded on the concept of matrimony, and the legal framework has predominantly acknowledged matrimony as the foundation for property entitlements. In light of societal evolution and the rise of individualism, cohabitation has gained significant popularity. Although live-in relationships are not granted legal recognition as marriages in India, they have been acknowledged by the courts as legitimate relationships and are safeguarded by the right to privacy enshrined in the Indian Constitution.

In the case of Indra Sarma v. V.K.V. Sarma¹, the Supreme Court of India determined that cohabitation is a fundamental aspect of the right to life and personal liberty as guaranteed by Article 21 of the Indian Constitution². The court established that cohabitation of a man and a woman without formalising their union through marriage would give rise to a presumption of marriage, and any offspring resulting from such a relationship would be deemed legitimate. This verdict acknowledges cohabiting partnerships and affords them a level of legal safeguard.

The Supreme Court of India, in the notable case of Badri Prasad v. Dy. Director of Consolidation³, established that the law will assume a marital union between a man and a woman who cohabit as spouses for an extended period. The aforementioned principle is commonly referred to as the ‘Doctrine of Cohabitation.‘ As per the court’s ruling, in the event of a man and a woman cohabiting as a married couple, the law shall assume that they are indeed married, thereby entitling them to all the legal privileges and responsibilities that accompany the institution of marriage.

Furthermore, it is noteworthy that the Domestic Violence Act of 2005⁴ acknowledges cohabitation arrangements and affords safeguarding measures to women involved in such partnerships. The legislation outlines that the term ‘domestic relationship’ encompasses a union that resembles a marital relationship, regardless of whether or not the union has been officially registered under any legal statute. Consequently, the Act provides women in cohabiting relationships with the ability to pursue legal recourse for protection against instances of domestic violence.

Judicial Reforms

A number of legal precedents have arisen which acknowledge the proprietary entitlements of cohabiting partners. The Indian judiciary has rendered numerous significant verdicts acknowledging the entitlements of cohabiting couples:

1. The Delhi High Court ruled in the matter of Payal Sharma v. Nari Niketan⁵ that maintenance is due to a woman involved in a live-in relationship, irrespective of the fact that the relationship is not legally recognised as a marriage. The court ruled that a cohabiting partner has a legal entitlement to a portion of the property obtained by their partner throughout the duration of their relationship.
2. The Supreme Court of India ruled in the case of Velusamy v. D. Patchaiammal⁶ that a couple cohabiting for a reasonable duration could be deemed legally married under specific circumstances. These circumstances include the couple presenting themselves as married or being acknowledged as such by the community. The aforementioned ruling offers safeguarding measures for women involved in cohabitation arrangements who may have been deserted by their significant others.
3. In Chanmuniya v. Virendra Kumar Singh Kushwaha⁷, the apex court held that maintenance is due to a woman who has been in a live-in relationship for a considerable duration and whose partner has declined to marry her on some As per the ruling of the court, it has been established that a female individual who is in a cohabiting relationship is eligible to receive maintenance under Section 125 of the Code of Criminal Procedure⁸

Challenges and the Need for Codification of Specific Property Rights

Notwithstanding the aforementioned legal statutes and judicial decisions that afford protection to cohabiting partners in India, they encounter numerous legal and societal obstacles. A significant obstacle faced by live-in couples pertains to the absence of legal acknowledgement of their relationship, thereby impeding their ability to avail themselves of certain entitlements, including but not limited to inheritance and adoption rights. Furthermore, the societal disapproval associated with cohabitation frequently leads to mistreatment and bias from both kin and the wider community.

The necessity of codifying laws pertaining to property rights of couples in cohabitation relationships is supported by various reasons. Initially, the proposal would establish unambiguous directives regarding the ownership entitlements of partners engaged in cohabitation. The implementation of such measures would mitigate potential ambiguities and disagreements pertaining to ownership entitlements, while also affording legal safeguards to partners involved in such unions.

Codification of laws could potentially safeguard the property rights of women involved in cohabitation arrangements. Females involved in such partnerships are frequently rendered susceptible to being taken advantage of and experiencing deprivation of their entitlement to property. By recognizing live-in relationships and granting them legal rights and protections, women in such relationships can be safeguarded against exploitation and abuse.⁹

Codification of laws would facilitate the adaptation of the legal system to evolving societal norms. The evolution of societal norms necessitates a corresponding evolution of the legal system to ensure comprehensive protection and acknowledgement of all types of relationships. The implementation of legal statutes pertaining to the property rights of unmarried couples cohabiting would guarantee that the legal framework adapts to evolving social conventions.

In drawing inspiration from states across the sea, live-in couples in Canada are entitled to property rights and spousal support similar to married couples, and in France, live-in couples have the right to inherit from each other and access certain social benefits. The United states have recognized a legal concept known as “common law marriage” or “marriage by habit and repute” which may provide some legal rights to unmarried couples who have lived together for a certain period of time and meet other legal requirements.¹⁰

Legislative Reforms

The legal system in India has made notable progress in acknowledging the entitlements of couples in cohabitation. Nevertheless, it is imperative to implement legislative reforms to guarantee the preservation of these rights. The Marriage Laws (Amendment) Bill of 2010¹¹ aimed to acknowledge cohabitation as legally binding matrimony, on the condition that the partners had cohabited for no less than five years. The proposed legislation aimed to grant women in cohabiting relationships with equivalent legal entitlements and safeguards as those enjoyed by their married counterparts. Nevertheless, the aforementioned bill has expired and subsequent measures have not been implemented to propose analogous legislation.

Although there have been advancements in acknowledging the legal entitlements of cohabiting partners, there remains a necessity for the formalisation of regulations that oversee their rights to property and inheritance. One potential approach to addressing the property and inheritance rights of cohabiting couples would involve the implementation of a novel legal statute tailored to this particular issue.

A potential legal measure may entail clauses that acknowledge the association between cohabiting partners and furnish them with legal safeguards. The establishment of criteria for determining the duration of the relationship and the delineation of the respective rights and obligations of each partner in the relationship could be considered. Furthermore, the legal system may establish provisions for the allocation of possessions and resources in the occurrence of a separation or the passing of one of the individuals involved.

An alternative strategy could involve modifying current legislation to incorporate clauses pertaining to cohabiting partners. The potential amendment of the Hindu Succession Act, 1956¹²,  to  incorporate live-in couples within its purview, pertains to the inheritance entitlements of Hindu individuals. The proposed measure aims to confer legal acknowledgement and safeguard to cohabiting partners, thereby mitigating any potential discriminatory treatment in relation to succession rights. In that light, Section 10 of the Hindu Succession Act¹³, the allocation of assets occurs among all surviving heirs, which encompasses the widow of the deceased. The wife is entitled to an equitable portion of her spouse’s assets, commensurate with other beneficiaries. In the absence of any other beneficiaries, she is entitled to inherit the entirety of her deceased husband’s estate.

In the context of Muslim law, it is stipulated that a widow is entitled to receive a portion of her deceased husband’s property. Specifically, she is entitled to receive 1/8th of the property, and if the couple is childless, the widow is entitled to receive 1/4th of the property. Parties in cohabitation arrangements are not entitled to an automatic right of inheritance in their partner’s property, and there is no specific legislation governing this matter. The SC’s ruling in the case of Vidyadhari & Ors vs Sukhrana Bai & Ors¹⁴, granted inheritance rights to a woman who was cohabiting with her partner as a spouse. The essential point of the matter is that the property of a Hindu male was bequeathed to his cohabiting partner, despite his existing legal marriage.

The legal framework may include provisions for acknowledging communal assets obtained throughout the duration of the partnership. This measure would guarantee an equitable distribution of property ownership between both partners, thereby preventing any potential instances of unjust enrichment or disadvantage.

The enactment of such legislation could potentially provide a resolution to the matter concerning the legal entitlements of offspring born from cohabitation arrangements. Presently, offspring born from such unions are deemed lawful, and their maternal carers are eligible for financial support as per the regulations outlined in the Domestic Violence Act of 2005¹⁵. Nonetheless, the children in question are not entitled to any inheritance rights. The implementation of a legal statute or a modification to current legislation could effectively tackle this matter and ensure the entitlement of inheritance rights to offspring born from cohabitation arrangements.

Proposed Method of Codification: A Roadmap

 A proposed solution materialises in the creation of a separate legal framework for live-in relationships, similar to the laws governing registered partnerships in some countries.¹⁶ Under such a framework, live-in couples would be required to register their relationship with the government, as simple as a lease agreement as an acknowledgement of cohabitation, and would be entitled to certain rights and protections. These include property rights, inheritance rights, and adoption rights. This would provide legal recognition to live-in relationships and ensure that live-in couples have the same rights and protections as married couples.¹⁷

1. Study foreign legal frameworks: The first step towards adopting foreign laws pertaining to live-in relationships in India is to study the legal frameworks of other countries. This would involve examining the legal provisions, court decisions, and social attitudes towards live-in relationships in different countries. By doing so, India can learn from the best practices and incorporate them into its legal system.
2. Conduct stakeholder consultations: Before enacting any legal changes, it is important to consult with various stakeholders, including legal experts, civil society organizations, religious leaders, and the general These consultations can help in understanding the needs, concerns, and expectations of different sections of society and ensure that the legal framework is inclusive and responsive to the needs of all.
3. Develop a legal framework for live-in relationships: Based on the study of foreign legal frameworks and stakeholder consultations, a legal framework for live-in relationships can be This would involve amending existing laws or enacting new laws to recognize live-in relationships and grant them the same rights and protections as married couples. The legal framework should also address issues such as property rights, inheritance rights, and adoption rights for live-in couples.
4. Implement the legal framework: After developing the legal framework, it is important to ensure its effective implementation. This would involve creating awareness about the legal rights and protections available to live-in couples, training of legal professionals and law enforcement agencies, and creating mechanisms for redressal of grievances and disputes.
5. Monitor and evaluate the legal framework: To ensure the effectiveness of the legal framework, it is important to monitor and evaluate its implementation regularly. This would involve assessing the impact of the legal framework on the lives of live-in couples, identifying gaps and challenges in its implementation, and making necessary changes and improvements.

Conclusion: In conclusion, the property rights of couples in a live-in relationship in India have come a long way, and there is still room for improvement. It is essential that the legal system recognizes and protects the rights of live-in couples, as such relationships are increasingly common in India, and it is the duty of the legal system to ensure that everyone is treated equally under the law, regardless of their relationship status.

¹ Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 (Supreme Court of India).
² Constitution of India, art. 21.
³ Badri Prasad v. Dy. Director of Consolidation, AIR 1979 SC 195 (Supreme Court of India).
⁴ Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament, 2005 (India).
⁵ Payal Sharma v. N.R. Sharma, 2001 SCC OnLine Del 531 (Delhi High Court).
⁶ D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469 (Supreme Court of India).
⁷ Chanmuniya v. Virendra Kumar Singh Kushwaha, (2011) 1 SCC 141 (Supreme Court of India).
⁸ Code of Criminal Procedure, § 125, Act No. 2 of 1974 (India).
⁹ Sarkar, S., & Sengupta, S. (2016). Live-in Relationship: A Socio-Legal Study. International Journal of Social Science and Humanity, 6(1), 46-51.
¹⁰ Meister v. Moore, 1885
¹¹ The Marriage Laws (Amendment) Bill, 2010.
¹² Hindu Succession Act, 1956, No. 30, Acts of Parliament, 1956 (India).
¹³ Supra note 12 at § 10.
¹⁴ Vidyadhari & Ors v. Sukhrana Bai & Ors, (2008) 2 SCC 321
¹⁵ Supra note 4.
¹⁶ Concubinage under French law
¹⁷ Prebeck, N. “Cohabitation Property Rights for Unmarried Couples,” LawInfo. Available at: https://www.lawinfo.com/resources/family-law/cohabitation-property-rights-for-unmarried-couples.html.

Written by- Aadit Shah