&imwidth=800&imheight=600&format=webp&quality=medium "‘They can walk out any day’: Indian apex court highlights limitations of live-in relationships, says limited legal rights for both parties")
The Indian Supreme Court on Monday (April 27) cautioned against criminalising consensual live-in relationships after they break down, while hearing a case involving allegations of rape on the false promise of marriage. A bench led by Justice BV Nagarathna rejected the woman’s claim of abuse, observing that live-in arrangements inherently carry uncertainties and legal risks for both partners. The court underlined that either individual in such a relationship is free to walk away at any time.
“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 court observed during the hearing.
When the woman’s counsel argued that the man was already married and had allegedly deceived and abused her, Justice Nagarathna said the court could “sympathise with her that she got befooled or whatever,” but questioned the criminality of the situation.
“Where is the question of offence when there is a consensual relationship? They are living together, and she begets a child from him. There is no marriage, and then she says sexual assault,” the bench said, according to Live Law.
The court further noted that had the couple been legally married, the woman would have had stronger legal remedies available. “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,” it added.
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BUT - ‘A child cannot be illegitimate’
The apex court, however, clarified that the woman retains the right to seek maintenance for the child born out of the relationship. Emphasising the child’s legal standing, the bench observed that while a relationship may be termed illegitimate, “a child cannot be illegitimate.”
