Answer By law4u team
Live-in relationships in India are still a topic of legal and social debate. While the law recognizes live-in relationships in some contexts, the protection offered to women in such arrangements remains inconsistent. Despite legal recognition under the Domestic Violence Act, women in live-in relationships are not always guaranteed equal rights to maintenance, property, or inheritance. This disparity highlights the gaps in Indian legal frameworks when it comes to ensuring the protection of women in non-marital cohabitation. Adequate legal protections are essential to safeguard women’s rights and ensure they are not exploited or left vulnerable after the end of a relationship.
Steps for Legal Protection of Women in Live-In Relationships:
Recognition of Rights under Domestic Violence Act: According to the Domestic Violence Act, 2005, women in live-in relationships are recognized as aggrieved persons. However, this protection is often limited to those who can prove the relationship has been long-term and stable, leading to ambiguity for those in more casual or short-term relationships.
Establish Clear Legal Framework: A more defined and clear legal framework could be established that addresses the rights of women in live-in relationships, particularly around issues like maintenance and property division. This should include guidelines for defining the duration of a live-in relationship and conditions under which rights are recognized.
Provide Equal Rights as Married Women: Women in live-in relationships should be given equal treatment and protection as married women, particularly in areas of domestic violence, maintenance, and the custody of children. This would ensure that women in live-in relationships are not marginalized by law due to their non-marital status.
Protection Against Abuse and Exploitation: Clear laws and procedures should be in place to protect women from domestic abuse, emotional exploitation, and abandonment. These should include provisions for swift legal remedies and protective measures such as restraining orders and shelter options for women in distress.
Awareness and Legal Aid: It is crucial to increase awareness about the rights of women in live-in relationships and offer free or subsidized legal aid to help them navigate complex legal procedures. Many women are unaware of their rights and often suffer in silence due to lack of legal knowledge and resources.
Reforms to Inheritance and Property Rights: Legal reforms could allow women in long-term live-in relationships to claim rights to property and inheritance, particularly in cases where they have been living together for many years or contributed to the maintenance of the household.
Legal Actions and Protections:
File a Domestic Violence Complaint: Women facing any form of abuse in a live-in relationship can file a complaint under the Domestic Violence Act. If they have lived together for a certain period, they are entitled to protection orders, maintenance, and residence orders to safeguard their well-being.
Seek Maintenance: Women in long-term live-in relationships can claim maintenance from their partner, especially if the relationship has lasted for a reasonable amount of time. Courts may consider factors like dependency and the nature of the relationship before granting maintenance.
Consult Legal Experts: It is important for women to consult legal experts to understand their rights and options under existing laws. Legal guidance can be crucial in navigating claims related to domestic violence, maintenance, and property division.
Example:
In the case of D. Velusamy v. D. Patchaiammal (2010), the Supreme Court of India clarified that a woman in a live-in relationship can only claim maintenance if the relationship is in the nature of marriage. This ruling underscores the need for clearer definitions regarding what constitutes a live-in relationship and the conditions under which women are entitled to legal protection. Women in live-in relationships may face difficulty in proving the nature of their relationship, especially if it has been informal or short-term.
Furthermore, the case of Indra Sarma v. V.K.V. Sarma (2013) examined the rights of women in live-in relationships under the Domestic Violence Act, establishing that the law can protect women in such relationships, but this protection often requires a long-term, stable relationship to be proven. As a result, many women in short-term cohabitations might not be able to claim the same rights, indicating a gap in the law.
While there are provisions for the protection of women in live-in relationships, further legal reforms are necessary to offer comprehensive rights and security, ensuring that women are treated equally to those in marriages. Addressing issues like property rights, inheritance, and maintenance is key to ensuring fair treatment for women in such relationships.
