Legal status of live-in relationships in India: What you must know

A diva charmer of the hearts and one of Bollywoodrsquos veterans actress Zeenat Aman has been making news forever be it for her sensual performances or her woke opinions The actress has especially been in the spotlight since her Instagram debut Recently her unabashedly honest attitude once again stirred up conversations online when the actress spoke in support of livein relationships Her relationship advice also received flak from her counterparts in the industry who believe that the concept of livein relationships a concept of the Western culture goes against Indian customs and values This is not the first time that the topic of livein relationships has attracted such extreme reactions despite it being legal in India Middaycom spoke to legal and relationship experts who list down a guide for couples considering living together Ruchi Ruuh therapywithruchi a relationship counsellor and therapist tells us that a large part of India remains resistant to livein relationships due to traditional values and cultural beliefs ldquoMany view livein relationships as a direct challenge to Indian customs and values We traditionally emphasise marriage as the only acceptable way to live together Love marriage too is still a taboo and parents prefer arranging a match for their children Lots of parents and even couples fear the judgement and criticism that might come from society We also still have a narrow view of premarital sex and explorationrdquo Yet Ruuh highlights ldquoThe Indian society is gradually becoming more open to the concept of livein relationships particularly in urban areas Its happening due to more open conversations within society and family about the changing relationship needs Exposure to global cultures is also helping Indian society evolve its values Moreover Indian courts and laws have also recognised livein relationships providing some legal protectionrdquoLegality of livein relationships in IndialdquoLivein relationships are thought of as another curse of the West on our cultural and religious beliefs however that being said it is not illegal in India if two consenting adults decide to cohabitrdquo says Bhaavya Roy managing partner and founder Kranti Law OfficesHowever such partnerships and relationships arenrsquot common and socially accepted yet and hence do not have welldefined and specific laws which leaves crucial aspects of the union up for interpretation particularly when it comes to property rights financial obligations and the status of kids born out of these kinds of partnerships As a result couples go through social stigma and other challenges ldquoThis is not to say that the Indian Supreme Court hasnrsquot recognised the legal status of cohabitation It has also highlighted the need to safeguard the rights of those who live togetherrdquo says Shreya Sharma founder Rest The CaseSharma tells Middaycom about some significant legal rulings and factors about cohabitation in India These involve The Domestic Violence Act of 2005This act protects women who are in marriage and even those who are in livein relationships The Supreme Court had stated that women in livein relationships who might experience abuse of any sort including physical verbal emotional or financial have all the rights to claim protection under this ActProtection of Women from Domestic Violence Act 2005Regardless of whether a woman is in a livein relationship or is legally married to the male of the home this Act recognises a womans right to reside in a shared household Livein relationships are included in the definition of a relationship like marriage in this clause It gives women in these kinds of partnerships access to the Acts protectionsldquoThrough several rulings and judgments the Indian Supreme Court has upheld that livein relationships are legal and should be granted the status of a couple Such rulings provide legal protection to couplesrdquo says Sharma Additionally Roys adds ldquoAfter a decadelong tussle between the morality and legality of livein relationships the Supreme Court also decided to strengthen the legitimacy of the same by stating that children have a right to property as per a coparenting agreement andor to the selfacquired property of the parentsrdquo Exploring the benefits of livein relationships for couples Nikita Girdhar offyourshoulders therapist and relationship expert Off Your Shoulders Psychotherapy opines ldquoWhen we talk about the transitioning from singlehood to partnership our identity and our mindset needs to make a shift from ldquoMErdquo to ldquoWErdquo I truly think that especially in the Indian context where families get so involved and attached postmarriage couples need to form a strong WE identity before families are involved This helps both partners support each other and have each otherrsquos backs when families pose obstacles I believe a livein relationship may solidify the ldquoWErdquo identityrdquo She says ldquoLivein relationships help partners practise togetherness living under the same roof daily Partners can explore how they manage chores together financial habits fluctuating sex drives ways to deal with conflicts and other behavioural aspectsrdquo Also Read Navigate love dating and communication trendsBefore entering into a livein relationship Ruuh suggests considering the following factors 1 Please ensure that both partners enthusiastically consent to living together Let no one feel pressured to get into a situation they dont want to2 Maintain open and honest communication about expectations boundaries and plans like marriage3 Discuss how expenses will be shared and managed by the couple Try keeping a track of the expenses so that no one feels cheated in the end4 Respect each others need for personal space Living together doesnt mean that you cannot have a life of your own It is important that yourrsquos and your partners space is well respected5 Discuss longterm goals such as marriage career aspirations and family planning beforehand 6 Understand the legal implications and your rights with livein relationships before you start living togetherCommenting on conveying onersquos decision to enter a livein relationship to parents Girdhar states that for some couples sometimes no persuasioncommunication stands to change their parentsrsquo mind because they fear of what a livein relationship will mean for your wellbeing and your reputation in the society ldquoHowever if there is any scope for convincing take the adult route An adult doesnrsquot throw a fit begplead or threaten An adult is gentle assertive honest clear and concise about how they feel Itrsquos important for you to first understand why this livein relationship is important in your journey towards marriage Show confidence in this path not that it will surely go as planned but that if things go badly you will be able to cope with the consequences Besides if living with your partner is more important than maintaining a relationship with your parents this is fully possible and understandable just think it thoroughly through then remember that you are an adult and that you donrsquot technically need anyonersquos permissionrdquo Legal challenges couples in livein relationships faceIn India there is still a hue and cry about interfaith marriages intercaste and interreligious marriages Therefore social stigma engulfing livein relationships too is massive and often becomes a source of agony for families of the individuals following which the moral policing by the society makes this lifestyle choice a constant struggle Roy states ldquoThere are abundant legal challenges faced by persons in livein relationships The nature duration and sexual intimacy are factors which are taken into account while extending the limited legal protection which in more ways than one is invasive of the personal liberty and privacy of the parties involved Further there is no relief or benefits in taxation social security property and housingrdquo She adds ldquoSince the livein union is considered a valid marriage only in certain circumstances it still does not come within the ambit of the Hindu Marriage Act hence there is no bar on the parties to enter into an agreement with regard to their finances inheritance property social welfare benefits etcrdquo Further as stated by Sharma the lack of legality and clarity in Indian laws causes the society to discriminate against individuals who are in livein relationships Women in livein relationships especially may be more vulnerable when there are no legal protections particularly in situations where there may be disagreements or abandonment and no appropriate legal redressrdquo To prevent legal complications Roy suggests couples willing to enter into a livein relationship to be of legal age This can help avoid the relationship being a criminal offence Housing challengesSharing her own experience Roy states ldquoThe progress in our nation is at snail speed in cities like Mumbai and Delhi itrsquos a hassle for even single women to get housing let alone livein couples Most Resident Welfare Associations have hanging boards that read lsquoTenants and Bachelors not allowedrsquo While I was a single lady lawyer living in Delhi I had to provide a letter from my employer that I was employed with them Subsequently my partner and I had the lease signed in both our names and individually provided the security depositrdquo Despite the challenges Sharma says that there are several ways couples can safeguard their rights and ensure fair treatment1 Legal agreements and documentationRental agreementJoint tenancy Ensure both partners names are on the rental agreement This formaliSes the tenancy and provides legal protection to both partiesLease clauses Include specific clauses that outline the rights and responsibilities of both tenants covering aspects like rent payment maintenance and notice periods2 Legal frameworks and fightsRight to Reside Section 2f of the Protection of Women from Domestic Violence Act PWDVA includes livein relationships under relationships in the nature of marriage granting women the right to reside in a shared householdProtection from eviction Women in livein relationships can seek protection against wrongful eviction and harassment under this ActTips to go about entering a livein relationshipldquoThe Uttarakhand Assembly on February 7 passed the UCC Uniform Civil Code bill which may serve as a template for other BJPrun states to enact similar legislation UCC calls for the registration of livein relationships just like marriages and states that livein partners must not be under 18 However this process is yet to come into effect and training and other aspects of the registrations are awaited and limited to the state of Uttarakhand as of nowrdquo informs Sharma Here are some of the things couples can do for mutual understanding 1 Open communication Discuss your decision to live together openly and honestly with each other and if possible with your families to manage expectations and potential backlash2 Legal documentationAlthough not mandatory drafting a cohabitation agreement can help outline financial arrangements property rights and responsibilities providing a level of legal clarity3 Financial planning Open a joint bank account for shared expenses and keep clear records of contributions to avoid future disputes4 Healthcare and emergency contacts Ensure both partners are listed as emergency contacts and consider setting up a medical directive or power of attorney5 Living arrangements Choose a residence that is mutually convenient and secure considering factors such as proximity to work safety and social acceptance6 Support networks Build a support network of friends and allies who are understanding and supportive of your living arrangementAlso Read Anant AmbaniRadhika Merchants prewedding cruise