Is live-in relationship a ground for divorce?

In India, a live-in relationship is generally not a direct ground for divorce under most marriage laws. However, it can have legal implications, particularly if one spouse engages in a live-in relationship during the course of marriage. While live-in relationships are not illegal in India, they are not formally recognized as marriages unless certain conditions are met.

The Hindu Marriage Act, the Special Marriage Act, and other personal laws govern the rights and grounds for divorce in India. A live-in relationship, if it leads to adultery, cruelty, or a breach of marital vows, may serve as a ground for divorce. The legal treatment of such relationships is evolving, but it does not automatically constitute a reason for divorce unless it causes harm or leads to specific violations under the law.

Legal Position on Live-in Relationships

Recognition of Live-in Relationships in India

• Legal Framework: In India, a live-in relationship is not illegal, but it does not have the same legal recognition as marriage. A live-in relationship does not grant the same rights and status as marriage under Indian law, especially in terms of inheritance, property rights, and maintenance.
• Supreme Court Ruling: In 2018, the Supreme Court of India decriminalized adultery and recognized that a live-in relationship can be legally valid in some contexts. However, the Indian Penal Code (IPC) does not explicitly provide legal grounds for divorce in case of live-in relationships. That said, if a married person is found to be in a live-in relationship, it can still lead to adultery or cruelty under divorce laws, depending on the specific case.

Live-in Relationship as Grounds for Divorce

• Adultery: If one spouse is involved in a live-in relationship during the marriage, the other spouse can seek divorce on the grounds of adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955. Adultery is defined as voluntary sexual intercourse with someone other than the spouse, and a live-in relationship often constitutes a form of extra-marital affair.
• Cruelty: In cases where one spouse engages in a live-in relationship during the marriage, it can be considered mental cruelty, which is a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act. The aggrieved spouse can argue that the live-in relationship caused emotional and psychological harm, leading to the breakdown of the marriage.

Domestic Violence Act, 2005

• Under the Domestic Violence Act, live-in relationships are given some legal recognition, especially when it comes to domestic abuse. A partner in a live-in relationship can seek protection under this Act in cases of abuse, even if the relationship has no formal marriage status.
• If a spouse involved in a live-in relationship commits domestic violence against the legally married partner, the victim can file a complaint and seek protection orders under this law.

Rights of Children from Live-in Relationships

• The children born from a live-in relationship are recognized as legitimate by the Indian judiciary. In cases of divorce, the children’s rights to maintenance, inheritance, and custody are treated with importance, and they are not discriminated against based on the nature of their parents' relationship.

Grounds for Divorce in India Due to Live-in Relationships

Adultery

• If one spouse is living with another person outside the marriage, it could be grounds for divorce under adultery provisions. In such a case, the affected spouse can file a divorce petition under Section 13(1)(i) of the Hindu Marriage Act, claiming that the partner’s extramarital relationship violates the sanctity of marriage.
• The Special Marriage Act and Christian Marriage Act also include adultery as a valid ground for divorce, though it is determined on a case-by-case basis.

Cruelty

• If the spouse in a live-in relationship behaves in a way that is mentally or emotionally abusive, it could be grounds for a divorce based on cruelty. Emotional distress caused by one spouse’s involvement in a live-in relationship could be legally categorized as cruelty, making it easier for the other spouse to obtain a divorce under Section 13(1)(ia) of the Hindu Marriage Act.
• The aggrieved spouse can claim that the live-in relationship causes constant emotional and mental harassment, thereby rendering the marriage unworkable.

Desertion

• If one spouse decides to live in a relationship outside of marriage, it may be considered desertion by the other spouse. Under Section 13(1)(ib) of the Hindu Marriage Act, desertion for a period of at least two years can be grounds for divorce. In cases where one spouse abandons the marital home and forms a live-in relationship, the deserted spouse may file for divorce under this provision.

Recent Developments Regarding Live-in Relationships

Supreme Court Ruling on Adultery (2018)

• In a landmark judgment in 2018, the Supreme Court of India decriminalized adultery, stating that it would no longer be a criminal offense for an individual to engage in extramarital relations. However, this judgment does not diminish the significance of adultery as a ground for divorce. The ruling emphasized that adultery could still serve as grounds for divorce under personal laws, as it undermines the sanctity of marriage.

Recognition of Live-in Relationships

• The Indian judiciary, particularly the Supreme Court, has also acknowledged the legitimacy of live-in relationships in some circumstances. It recognizes the right of individuals in live-in relationships to seek legal redress under laws such as the Protection of Women from Domestic Violence Act, 2005.
• However, this recognition is limited to cases of domestic abuse and maintenance, and it does not grant full rights of marriage to individuals in a live-in arrangement. Therefore, a live-in relationship may not, on its own, provide a legal ground for divorce, but it can contribute to legal claims of adultery, cruelty, or desertion in divorce proceedings.

Example: Live-in Relationship and Divorce

Case 1: Adultery

• Ravi and Seema are married under the Hindu Marriage Act. Ravi is found to be living with another woman outside the marriage for over a year. Seema can file for divorce on the grounds of adultery, as Ravi’s live-in relationship directly affects the sanctity of their marriage.

Case 2: Cruelty

• Neha finds out that her husband, Arun, has been living with another woman for several months while still married to her. Neha can file for divorce on the grounds of cruelty, arguing that the emotional and mental distress caused by her husband’s live-in relationship has rendered the marriage impossible to continue.

Conclusion

• A live-in relationship is not directly a ground for divorce under Indian law. However, if one spouse is involved in a live-in relationship during marriage, it can potentially be grounds for divorce under adultery or cruelty provisions of the Hindu Marriage Act or other personal laws.
• The law recognizes the potential harm caused by such relationships, especially if they lead to emotional distress, marital breakdown, or domestic violence. The impact of live-in relationships on divorce cases is evolving, and it depends on the specific circumstances of the marriage and the legal framework under which the divorce is sought.