THE LAWGICAL SOCIETY

Registration of live in relationship : Author: Fardeen Khan

Live-in relationships refer to a situation where two persons, usually adults, get live together in a shared household without tying their relationship in marriage. As per recent trends live-in relationships are an important social and legal issue in India. Changing social perceptions, individual freedom, urbanisation and growing awareness of the individual rights have resulted in the growing acceptance of such relationships. Indian law does not generally consider every live-in relationship as similar to a marriage. However, the judiciary has recognised that the consenting adults have the freedom to choose their partners and decide how they want to be. The Supreme Court has, in various cases, defended the personal liberty of living together adults and also provided certain legal protection to women and children arising from long-term domestic relationships.

ARTICLE

Fardeen Khan

9/17/20266 min read

Introduction

Indian law does not generally consider every live-in relationship as similar to a marriage. However, the judiciary has recognised that the consenting adults have the freedom to choose their partners and decide how they want to be. The Supreme Court has, in various cases, defended the personal liberty of living together adults and also provided certain legal protection to women and children arising from long-term domestic relationships.

The issue of registration of live-in relationships gained importance because registration might provide documentary evidence of the relationship and might help in resolving the issues related to maintenance, inheritance, domestic violence, children and other legal rights. On the other hand, registration mandatory brings up questions about the privacy, personal liberty and the right of individuals to keep their intimate relationships out of unnecessary state interference.

Thus, the concept of registration of live-in relationships entails delicate balance between individual autonomy, legal protection and the right to privacy.

2. Meaning and Concept of Live-in Relationship

A live-in relationship is a domestic arrangement where two persons voluntarily live together and maintain relationship similar to that of spouses without being married to each other.

Unlike marriage, a live-in relationship does not necessarily require a ceremony or registration of marriage or performance of personal-law requirements. The relationship is primarily based on the consent of the individual.

The Supreme Court has recognised that an adult has a right to choose his/her partner and to live with that person as part of his personal liberty under Article 21 of the Constitution of India.

3. Legal Status of Live-in Relationships in India

There is no single comprehensive central legislation in India that generally regulates all live-in relationships. However, various provisions in existing laws provide protection in appropriate circumstances.

The Protection of Women from Domestic Violence Act, 2005 recognises relationships “in the nature of marriage” and provides certain protections to women in such relationships.

In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court discussed the circumstances under which a live-in relationship could be considered a relationship in the nature of marriage.

Similarly, in Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court discussed the legal position of women in live-in relationships and observed that different types of live-in relationships may have different legal consequences.

Therefore, although live-in relationships are not automatically treated as marriages, the law can provide protection depending on the facts and circumstances of the relationship.

Need for Registration of Live-in Relationships

Registration may be considered useful to provide legal certainty and documentary evidence regarding the existence of a relationship.

It may help in matters such as:

Establishing the period and nature of cohabitation.
Protecting a partner from denial of the relationship.
Assisting women in claiming remedies.
Providing evidence in maintenance or domestic violence proceedings.
Protecting the interests of children born from the relationship.
Reducing disputes regarding the existence of the relationship.
Creating a formal record where both parties voluntarily desire one.

However, the registration should not automatically convert a live-in relationship into a marriage. It is more a matter of providing evidence and clarity.

Registration and Fundamental Rights

Registration of a live-in relationship impacts fundamental rights guaranteed by the Constitution.

Article 21 of the Constitution protects life and personal liberty and has been held by the Supreme Court to have dimensions of privacy, dignity and personal autonomy.

As held by the Supreme Court in K.S. Puttaswamy v. Union of India (2017), privacy is a fundamental right guaranteed by Article 21 and other constitutional provisions.

Therefore, a system of registration needs to take into account the individual's right to privacy - mandatory disclosure of intimate personal information to the State would raise concerns if there are no adequate safeguards.

Reasonable legal regulation may however be justified in circumstances where it is really meant to protect individuals from exploitation, fraud or violence.

Important Judicial Decisions

A. S. Khushboo v. Kanniammal (2010)

The Supreme Court held that living together without marriage is not a criminal offence. The Court emphasised the importance of individual choice and personal liberty.

B. D. Velusamy v. D. Patchaiammal (2010)

The Supreme Court held that not all live-in relationships would qualify as a "relationship in the nature of marriage". Specific conditions and attributes of the relationship need to be taken into account.

C. Indra Sarma v. V.K.V. Sarma (2013)

The Court analysed various types of live-in relationships and discussed the protection available to women under the Domestic Violence Act.

D. Nandakumar v. State of Kerala (2018)

The Supreme Court held that even persons who may not have reached the legal age for marriage can have the right to choose to live together on a case-specific basis. The Court emphasised the importance of personal liberty.

E. Lata Singh v. State of Uttar Pradesh (2006)

The Supreme Court held, in an important decision, that an adult has a right to choose a partner and protected individuals from harassment on account of their choices.

Advantages of Registration

Registration of a live-in relationship, if done properly, may offer several advantages.
Firstly, it would provide documentary evidence of the relationship.
Secondly, it would help protect vulnerable partners.
Thirdly, it would assist courts and authorities in determining the duration and nature of cohabitation.
Fourthly, it would offer clarity of disputes about maintenance, domestic violence and children.
Fifthly, a voluntary registration mechanism would avoid uncertainties without forcing couples to marry.

Challenges and Concerns

Registration has its disadvantages as well.

Right to Privacy

A live-in relationship is a personal matter. Compulsory registration would force individuals to disclose intimate information to government authorities.

Individual Autonomy

Adults have a constitutional right to make choices about their relationships. Excessive regulation may violate this autonomy.

Social Stigma

Registration would create social pressure on couples.

Misuse of Information

Personal information collected during registration needs to be protected from being misused.

Difference from Marriage

Registration should not blur the distinction between a registered live-in relationship and a legal marriage.

Registration of Live-in Relationships and Protection of Women

One of the strongest arguments in favour of registration is that it may help protect women.

In a relationship, women may become financially dependent, get abandoned, become victims of domestic violence or have to prove the relationship in court. A certificate of registration could potentially provide evidence in such circumstances.

Registration however cannot guarantee protection. Effective implementation of laws relating to domestic violence, maintenance, property and child welfare is as important.

The law needs to focus on substantive protection rather than merely on creating a certificate of registration.

Rights of Children

Children born from live-in relationships should not lose out on their rights merely because their parents are not married.

Indian courts have shown a protective attitude towards children born out of a long-term relationship and have emphasised their rights.

Any framework regulating live-in relationships therefore needs to make sure that children get protection regarding identity, maintenance, education, inheritance where applicable and other relevant rights.

Registration: Voluntary or Mandatory?

The choice between voluntary and mandatory registration needs to be analysed carefully.

While mandatory registration would offer certainty and documentary evidence, it would also violate privacy and personal autonomy.

A voluntary registration system would offer legal documentation to those who want it and avoid any interference with those who do not wish to register their relationships

In a constitutional context focused on individual liberty and privacy, a well-designed voluntary (or limited) registration mechanism with strong confidentiality safeguards may be best.

Suggested Legal Framework

The legal framework for registration of live-in relationships should contain the following:

Voluntary registration, wherever possible.
Verification of consent and that both individuals are adults.
Minimal collection of personal information.
Confidentiality of registration details.
Data-protection safeguards.
Protection against harassment or misuse of registration information.
Distinction between registration and marriage.
Safeguards for vulnerable partners.
Provision for children's interests.
Simplicity, affordability and availability of registration procedures.
Such a framework would transform registration from a social control mechanism to a protection mechanism.

Constitutional Perspective

The constitutional framework provides the ultimate context for regulation of live-in relationships.

Article 14 guarantees equality before law.

Article 19 guarantees various freedoms to citizens.

Article 21 guarantees life and personal liberty which includes important dimensions of dignity, privacy and personal autonomy.

The State needs to ensure that any regulation of live-in relationships is reasonable and non-discriminatory and consistent with these constitutional guarantees.

The fundamental constitutional principle must be that an adult's private relationship should not be inappropriately regulated merely because it does not conform to traditional social norms.

Conclusion

Live-in relationships are an important social transformation in modern Indian society. Indian courts have progressively recognised the rights of consenting adults to choose their partners and have offered legal support in appropriate circumstances.

Registration of a live-inrelationship offers documentary evidence andmay offer protection from exploitation, abandonment and legal disputes. However, such registration, if compulsory, may raise questions of privacy, dignity and individual autonomy.

Therefore, the goal of registration should not be to force marriages on couples but to offer a balanced, voluntary, confidential and rights-based system that protects vulnerable individuals without violating the freedom of consenting adults.

In conclusion, a progressive legal framework should focus on balancing legal certainty with constitutional liberty, protection with privacy and regulation with individual choice. Such a framework should realise that the aim of law is not to regulate relationships but to protect the dignity, equality and freedom of the people involved.