Live-in relationship takes a leap Delhi High Court allows London Solicitor to walk-in and walk-out

The Delhi High Court has ruled that, “a partner in a live-in relationship can walk out of it at any point of time without any legal consequence and neither of the partners can complain of infidelity if one ditches the other.”

The Delhi High Court has ruled that, “a partner in a live-in relationship can walk out of it at any point of time without any legal consequence and neither of the partners can complain of infidelity if one ditches the other.”

The DNA has reported that, Justice Shiv Narayan Dhingra said, “Live-in relationship is a walk-in and walk-out relationship. There are no strings attached in this relationship, nor does this relationship create any legal bond between the parties. People who chose to have live-in relationship cannot complain of infidelity or immorality as live-in relationships are also known to have been between a married man and an unmarried woman or vice versa.”

The ruling unequivocally states that walking out from a live-in relationship does not entail any legal consequences.

The Delhi High Court was hearing criminal proceedings initiated by the “girlfriend / live-in partner” of London-based solicitor Alok Kumar, based on his refusal to marry her.

Kumar is understood to have been a married man with a family in London while he was in his five-year live-in relationship with his girlfriend. The girlfriend is a divorcee with a child.

While granting relief to Alok Kumar, the Court said that the FIR should be quashed to prevent misuse of the criminal justice system for personal vengeance. The girlfriend had filed the FIR with the police at the Indira Gandhi International Airport in New Delhi following an altercation between her and Alok Kumar at the Departure Terminal.

The FIR listed charges against Alok Kumar for outraging the girlfriend’s modesty, committing mischief against her and charges of rape. The girlfriend had also taken possession of Alok Kumar’s passport by snatching it from him.

The Times of India reports that the Court stated, “… [A] contract of living together … is renewed every day by the parties and can be terminated by either of the parties without consent of the other party and one party can walk out at will at any time. Those who do not want to enter into this kind of relationship of walk-in and walk-out, they enter into a relationship of marriage where the bond between the parties has legal implications and obligations and cannot be broken by either party at will.”

Solicitor Alok Kumar was represented by Advocates Ajay Burman and Anwesh Madhukar.

Alok Kumar’s girlfriend was represented by Advocates Rajesh Samanotra, Sunil Sharma, Jayant K. Sud and Atul Sahi.

The Delhi High Court’s view of “live-in” relationships will have serious consequences. On the one hand, it might incentivize parties to opt for marriage based on the fact that only marital relationships are protected by the law. On the other hand, parties who do not wish to commit to a marriage just yet will look at the judgment as a welcome development which allows flexibility in relationships without legal consequences.

However, the Delhi High Court’s decision must be considered together with the Supreme Court’s earlier decision awarding a share of self-acquired property to a child born into a live-in relationship. In this sense, the Delhi High Court’s statement as to the non-applicability of legal consequences applies principally to the partners themselves. Clearly, as far as children are concerned, live-in relationships may certainly have legal consequences. Nevertheless, it is certainly true that for the partners concerned, marital relations will continue to be the principal guarantor of spousal rights for the foreseeable future.