Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Raksha and Anr v. State of UP & Ors., has held that as per the Hindu Law, a person having a spouse alive cannot live in an illicit and live-in relationship in contravention of the provisions of the law.

What was the Background of Raksha and Anr v. State of UP & Ors. Case?

• In this case, the petitioners (petitioner no.1 and no.2) have filed a plea before the Allahabad High Court seeking a direction to the police authorities to provide them police protection against respondent (alleged husband of petitioner no. 1) and his family members.
• It was submitted by learned counsel for the petitioners that the parents of petitioner no.1 had solemnized the marriage of petitioner no.1 with respondent when petitioner no.1 was 13 years old and minor. The alleged marriage of petitioner no.1 is invalid and therefore she is voluntarily living in live-in-relationship with petitioner no.2 with her own sweet will.
• The Standing Counsel has submitted that petitioner no.1 is already married, and his marriage has not been declared void by any Court of competent jurisdiction and she is in live-in-relationship with the petitioner no.2 and such type of relationship cannot be supported by the Court.
• Dismissing the plea, the High Court stated that the Court is not against live in relationships but is against illegal relations.

What were the Court’s Observations?

• Justice Renu Agarwal observed the Court could not protect such type of relationship which is not supported by law. If the court indulges in such type of cases and grants protection to illegal relationships, then it will create chaos in the society, hence such type of relationship cannot be supported by the Court.
• It was further held that no law-abiding citizen who is already married under the Hindu Marriage Act, 1955 can seek the protection of this Court for an illicit relationship, which is not within the purview of the social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her.

What are the Legal Provisions in Relation to Live in Relationships?

About:

• There is no law specifically addressing live-in relationships, but the Indian judiciary has developed jurisprudence over the years through a series of judgements.
• 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.
• The legality of live-in relationship stems from the Articles 19(a)- right to freedom of speech and expression and Article 21- protection of right to life and personal liberty of the Constitution of India, 1950 (COI).
• Supreme Court in Lata Singh v. State of UP (2006), ruled that two persons of opposite sex living together are not doing anything illegal.
• The Supreme Court in Velusamy v. D Patchaimal (2010) laid down criteria for live-in relationships to be legal.
  • The couple must hold themselves out to society as being akin to spouses.
  • They must be of legal age to marry.
  • They must be otherwise qualified to enter into a legal marriage, including being unmarried.
  • They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

Case Laws:

• In the case of Indra Sarma v. VKV Sharma (2013), the Supreme Court ruled that the woman partner in a live-in relationship is protected under the Protection of Women from Domestic Violence (PWDV) Act, 2005.
• In the case of Kattukandi Edathil Krishnan & Another v. Kattukandi Edathil Valsan & Others (2022), the Supreme Court ruled that children born to partners in live-in relationships can be considered legitimate. Such children are eligible to be part of family succession.