Live-In Relationships Must Be Legal If Protection Is Sought From Courts
By A Special Correspondent
First publised on 2021-06-14 07:01:14
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The Rajasthan High Court has ruled that a live-in relationship in which one of the partners is married is legally not tenable. The court said that as per the Supreme Court ruling in D Veluswamy vs D Patchaiammal, the main prerequisites for a valid live-in relationship is that both the partners must be of legal age to marry or qualified to enter into a legal marriage and that the couple must hold out to society as being akin to spouses. If one of the partners is already married, these conditions are not fulfilled and hence their live-in relationship cannot be held legal.
The case before the court was of a couple who were in a live-in relationship and sought protection of life and liberty as they were being harassed for being in such a relationship. But the man was already married and was living with his unmarried partner. The court ruled that since the man was married, his relationship with the unmarried women was not permissible under law and refused to grant them protection as sought. The court categorically said that "a live-in relationship between a married and unmarried person is not permissible".
The law is clear on this subject after the Supreme Court ruling in D Veluswamy. Both partners must not only be of legally marriageable age but must also be qualified to enter into a legal marriage. Since a second marriage is not permissible for Hindus when the first marriage is not annulled or otherwise held invalid, a married person cannot enter into a live in relationship with anyone, whether married or unmarried. It will be termed as an adulterous relationship. Even the excuse that the person has separated from his or her spouse will not do. The first marriage has to be terminated before any such live-in relationship will be protected under law.
