Living together before marriage, or cohabitation, is a subject of increasing discussion and evolving viewpoints in India. Traditionally, Indian society has held marriage as the bedrock of social structure, a sacred union with deep cultural and religious significance. However, in recent times, particularly in urban centres, live-in relationships are gaining traction, reflecting shifts in societal norms and individual preferences. This essay will explore the multifaceted nature of cohabitation in India, examining its cultural perceptions, legal standing, and financial ramifications. It will also consider both the advantages and disadvantages of choosing to live together before marriage within the Indian context, drawing upon available research and reports to provide a comprehensive overview.
The Cultural Aspects of Live-In Relationships
Culturally, India is undergoing a transformation in its understanding of live-in relationships, traditional relationships, and partnerships. For the past few generations, marriage has been perceived not merely as a union between two individuals, but as an alliance between families, carefully arranged and steeped in tradition. Social acceptance was firmly rooted in the institution of marriage, with romantic relationships typically culminating in matrimony.
However, with modernisation and exposure to Western ideologies, perspectives are changing. Younger generations, in particular, are demonstrating a greater inclination towards personal autonomy in relationship choices. They are more likely to prioritise individual compatibility and shared values in partnerships, sometimes viewing cohabitation as a practical step towards assessing long-term suitability before marriage.
“We don’t advertise that we are not married. The only time the lack of marriage comes up is when our parents visit. But they’ve also accepted that it is what it is.”
Harbajan, advocate, Mumbai
Despite this evolving outlook, it is crucial to acknowledge that live-in relationships still encounter considerable social stigma in India. For many, particularly in more traditional and rural communities, cohabitation remains outside the bounds of accepted behaviour. It can be perceived as a deviation from cultural norms and may lead to disapproval from families and communities.
This lack of widespread social acceptance can place couples in live-in relationships under strain, potentially affecting their familial bonds and social standing. The degree of family acceptance varies greatly, and couples may face challenges navigating familial expectations and societal judgements while choosing to live together.
Legal Rights of Live-In Partners in India
Legally, the landscape of live-in relationships in India is intricate and still developing. Unlike marriage, cohabitation is not recognised as a distinct legal union with codified rights and responsibilities. Nevertheless, the Indian judiciary has, through numerous judgements, acknowledged the existence of live-in relationships and extended certain protections, primarily to women within these arrangements.
“We are very clear about our assets and what each of us owns if this relationship does not work out. I do not know if the boundaries will blur over the years. It’s only been a couple of years. Let’s see.”
Mythilla, bank manager, Mumbai
Landmark rulings by the Supreme Court have affirmed that live-in relationships are not illegal or criminal, although they remain socially unconventional. Section 2(f) of the Protection of Women from Domestic Violence Act of 2005 is a crucial piece of legislation that includes relationships “in the nature of marriage” within its definition of “domestic relationship”. This provision allows women in live-in relationships to seek legal recourse against domestic abuse, offering them safeguards akin to those available to married women under this specific law. Furthermore, Section 125 of the Code of Criminal Procedure, 1973, which pertains to maintenance, has also been interpreted to encompass women in qualifying live-in relationships, granting them the right to claim financial support under certain circumstances.
Children Born in Live-In Relationships in India: Their Rights
Children born from live-in relationships are recognised as legitimate, affording them inheritance rights to their parents’ self-acquired property. However, it is important to note the legal framework is not uniform across the nation. The recent enactment of the Uniform Civil Code in Uttarakhand, which mandates the registration of live-in relationships, illustrates the ongoing debate and varying approaches to regulating cohabitation.
“We did not want to be tied down with the shackles of marriage and everything it entailed when we started living together 45 years ago. Not many people know that we are not married, and it does not bother us. Both of us have a will; so, there shouldn’t be a problem with our children inheriting our assets.”
Radhika, former actress, Bengaluru
This legislation, while aiming to provide a framework, also introduces potential punitive measures for non-compliance, highlighting the differing legal interpretations and societal concerns surrounding these relationships. Crucially, in the absence of explicit legal recognition as marriage, live-in partners do not automatically possess the same rights as married couples, particularly concerning inheritance and property rights in the event of separation or demise of a partner.
Financial Implications of Live-In Relationships in India
Financially, cohabitation in India presents a unique set of circumstances. One is the absence of automatic property rights for partners in live-in relationships. Upon separation, courts do not possess the authority to divide assets acquired during the relationship in the same manner as marital property division in divorce proceedings. Unless there is a clear legal title or a jointly owned asset, disputes over property can become complex and legally challenging. Similarly, in matters of inheritance, live-in partners do not automatically inherit from each other in the absence of a will explicitly naming the partner as a beneficiary.
For taxation purposes, the Indian legal system treats cohabiting couples as separate, unconnected individuals, without the joint tax benefits sometimes afforded to married couples. This financial ambiguity underscores the importance of partners in live-in relationships proactively establishing written agreements that clearly outline their financial arrangements and property ownership, particularly in anticipation of potential separation or unforeseen events.
On a more positive note, some perceive financial advantages in choosing cohabitation over immediate marriage. Couples may save on wedding expenses by opting to live together without a formal ceremony. Shared living costs can also lead to certain economies of scale. However, this must be weighed against the financial insecurity that can arise, particularly for women, due to the lack of legal and societal safeguards inherent in marital unions in the Indian context.
Pros And Cons of Live-In Relationships in India
For Indian couples contemplating living together before marriage, there are discernible advantages. Perhaps the most prominent benefit is the opportunity to assess compatibility beyond the courtship phase. Cohabitation offers a practical lens into daily life as a couple, revealing each other’s habits and approaches to household management and finances. It allows partners to experience firsthand how they navigate disagreements, share responsibilities, and support each other in everyday situations.
This experiential understanding can contribute to a more informed decision about marriage, potentially leading to stronger and more enduring marital partnerships if the relationship progresses to that stage. Furthermore, cohabitation aligns with evolving values that emphasise personal autonomy and the freedom to structure relationships based on individual preferences. It can be seen as a progressive step towards building partnerships founded on mutual understanding and lived experience, rather than solely on tradition or familial expectations.
However, the disadvantages of moving in together before marriage in India are also considerable. The persistent social stigma associated with live-in relationships remains a substantial hurdle. Couples may encounter disapproval and even ostracism from families, relatives, and communities. This social pressure can create emotional strain and negatively impact family dynamics. The lack of widespread social acceptance can also lead to feelings of isolation or marginalisation.
“I do not regret moving in with my then-boyfriend. I did not want to marry for the sake of marriage. In a few years, the relationship turned abusive. I must say, I am relieved I did not marry him in haste. I may have lost a few of my prized possessions, but I still think it was a good decision.”
Suhasini, real estate broker, Bengaluru
Moreover, if a live-in relationship ends without transitioning into marriage, particularly in a society where marriage is still highly valued as the ultimate relationship goal, partners, women especially, may face greater social and emotional repercussions. They may encounter societal judgements and reduced social standing, especially within more conventional communities. Beyond the social realm, the previously discussed legal and financial uncertainties associated with cohabitation present disadvantages compared to the established framework of marriage. These factors necessitate careful consideration and open communication between partners contemplating this relationship structure in India.
Conclusion
While precise nationwide statistics on live-in relationships in India are scarce, some studies offer insights into evolving attitudes. One study indicated that approximately half of Indians, particularly younger individuals, express a preference for living together before marriage to better understand their partners. Academic research on cohabitation in India is still in its early stages, with scholars noting the limited existing data and the need for more comprehensive studies to fully grasp the complexities of this phenomenon within the Indian socio-cultural context. Existing research suggests that cohabitation experiences in India are shaped by a confluence of factors, including individual values, family influences, and the evolving legal and social landscape.
The question of whether Indian couples should live together before marriage is not straightforward. Live-in relationships in India exist within a complex interplay of tradition and modernity, social expectations and individual desires, legal ambiguities and evolving judicial interpretations. While cohabitation offers potential advantages in terms of compatibility assessment and personal autonomy, it also presents challenges related to social acceptance, legal standing, and financial security. As Indian society continues to evolve, attitudes towards live-in relationships are likely to shift further. Greater societal understanding, coupled with clearer legal frameworks, will be essential to navigate the complexities of cohabitation and ensure equitable outcomes for couples choosing this relationship path in India.
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References
Abbas, Uzma. “Live in relationship in India: A critical study.” International Journal of Civil Law and Legal Research 10, no. 3 (2024). https://www.civillawjournal.com/article/74/4-1-28-594.pdf.
Mahmood, Tahir. “Evolving jurisprudence on live-in relationships.” Hindustan Times, August 7, 2024.
Sharma, Sandeep Kumar and Narendra Bahadur Singh. “Live-in Relationships in India: A Comparative Study with an International Perspective.” International Journal of Law 10, no. 3 (2024): 206-209. Accessed May 2, 2024. http://www.lawjournals.org.
