Legal Recognition of Live-in Relationships

The Indian judiciary has gradually moved towards recognizing live-in relationships, despite the lack of explicit legal provisions governing them. The most significant judicial acknowledgment came from the Supreme Court of India in various landmark judgments, where the court upheld the right of consenting adults to live together without being married. In the landmark case of S. Khushboo v. Kanniammal (2010), the Supreme Court held that live-in relationships fall within the ambit of the right to life under Article 21 of the Indian Constitution. The Court emphasized that live-in relationships are permissible and that society must not harass couples who choose to live together outside of marriage. Another crucial case is Indra Sarma v. V.K.V. Sarma (2013), where the Supreme Court acknowledged that a live-in relationship, if it meets certain criteria, could be recognized as a de facto marriage under the Domestic Violence Act, 2005. The Court provided guidelines to determine whether a relationship could be considered as “in the nature of marriage,” such as the duration of the relationship, shared household, and social recognition.

Legal Protections for Partners in Live-in Relationships

One of the primary concerns regarding live-in relationships is the legal protection available to partners, especially women. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) has been instrumental in providing legal safeguards. The Act defines “domestic relationship” broadly, including relationships “in the nature of marriage.” This means that women in live-in relationships are entitled to protection from domestic violence, maintenance, and the right to residence in a shared household. The courts have also clarified that children born out of live-in relationships are not illegitimate. They are entitled to inheritance rights under the Hindu Succession Act, 1956, and can claim maintenance under Section 125 of the Criminal Procedure Code, 1973.

Social and Legal Challenges

Despite legal recognition, live-in relationships in India still face significant social stigma. Indian society is deeply rooted in cultural and religious values that often prioritize marriage as the only acceptable form of cohabitation. Couples in live-in relationships may encounter societal disapproval, discrimination, and even legal challenges from family members. Moreover, while the judiciary has taken steps to recognize and protect live-in relationships, there is still no comprehensive legal framework governing them. The absence of specific laws means that couples may face uncertainties regarding property rights, inheritance, and other legal issues that married couples typically do not encounter.

Conclusion

The legality of live-in relationships in India is a reflection of the evolving societal norms and the judiciary’s progressive stance on individual rights. While live-in relationships are legally recognized and partners are entitled to certain protections, the lack of a formal legal framework and societal acceptance continues to pose challenges. As India continues to modernize, it is essential that both the law and society evolve to accommodate and respect diverse forms of relationships. Couples choosing to live together without marriage should be aware of their rights and the legal nuances that govern their relationships