Live-in relationships illegitimate; married women have stronger legal rights: SC

The court was hearing a case in which the woman claimed allegations of rape on the false promise of marriage. Justice BV Nagarathna rejected the woman’s claim of abuse and underscored the vulnerabilities associated with live-in relationships, noting that either partner is free to walk away at any time.

Pointing out the vulnerabilities of relationships outside marriage, the court added that the “woman was in a consensual relationship with her partner, she begets a child from him, there is no marriage, and then she says sexual assault.”

The Justice further added that the court could “sympathise with her that she got befooled or whatever," but had there been a marriage, the woman’s legal rights would have been stronger.

This is after the counsel for the woman argued that the man was already married and had allegedly deceived and abused her.

“This is what happens in live-in relationships. For years, they lived together. If they split up, the lady has to file a complaint against the man for sexual assault. These are all the vagaries of relationships outside marriage,” the Supreme Court observed.

“She could have been approached regarding bigamy, could have filed for maintenance. Now there is no marriage; they live together. That is the risk. They can walk out any day,” the court added.

But eventually, the SC stated that the woman was liable to claim maintenance for the child, as though the relationship could be considered illegitimate, the child cannot be illegitimate. Emphasising the legal complications and limited safeguards in live-in relationships, the court also suggested that the parties explore resolving their dispute through mediation.

It is important to note that amid the ongoing census activity, stable live-in couples will now be counted as families. However, this should be perceived as a mechanism adopted for ease, and no official record released by the state intends to promote live-in as of now.