Should live-in relationships be regulated by the state? And, if so, to what extent

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The relationships where two people cohabit outside marriage without any legal obligations towards
each other are known as live-in relationships. It not "walk in and walk out" relationship, couple must
have lived under one roof and co-habited for a considerably long time for society to recognize them
as husband and wife
This is a relationship in the nature of marriage but unlike a marriage
The legal status of live-in relationships in India is unclear, the Supreme Court has ruled that any
couple living together for a long term will be presumed as legally married unless proved otherwise.
Thus, the aggrieved live-in partner can take shelter under the Domestic Violence Act 2005, which
provides protection and maintenance and thereby grant the right of alimony.
Judgements regarding Live-in relation
 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.
 Tulsa & Ors vs. Durghatiya & Ors, 2008 - The Supreme Court provided legal status to the
children born from 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.
 Indra Sarma vs. V.K.V.Sarma, 2013 - illustrated five categories where the concept of live in
relationships can be considered and proved in the court of law.
Need of regulation of living relationship
 Women right there is concern about fake relationship and women life after separation only
domestic violence act considered right of women under live in relationship
 Need to decide line between marriage and live in relationship Indian liberalism based on social
values hence we need to preserve that also
Security concern and need of legal protection there is need maintaining women security Hans
Mali Nath committee 2000 and law commission in their report says women should be given legal
status of wife, explicitly, those who are under long time live in relationship.
 Maintenance in case of separation National Commission Of Women proposed amendment in
CRPC about women rights to claim alimony
 There is need of legal definition to have clarity about live in relationship. Till now only Court with
various judgements has clarified live in relationship.
 Since coat has recognised legal entitlement to the live in relationship couple therefore it
becomes necessary that the relationship must come under regulation of state.
Extent of regulation
 Regulation should not encroach upon the freedom of choice and other fundamental rights
associated with it.
 The biggest concern about regulating live in relationship is violation of privacy as most of the live
in relationship are not known to to the parents of the couple.
 Regulation must also try to remove the social stigma attached with live in relationship.
Conclusion
India is a nation where traditional beliefs are still dominant. The live in relationship are considered
threat to marriage institution but the greatest benefit of live in relationship is that it helps in in
couple getting comfortable before they are locked in marriage institution. Thus, instead of
weakening marriage institution live in relationship help in concretizing marriage relationship. Along
with that it must not be walk in work out type of relationship as that is mainly for fulfilment sexual
Desire.

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