By Arjun Singh
Invertis University, Bareilly
To the Point
Live-in relationships, where two individuals choose to live together without marrying, are becoming more common in modern India. However, the legal system is unclear and often does not provide clear protections for either partner. While the courts have granted some rights and protections based on constitutional and legal interpretations, the lack of a full legal framework leaves many people, especially women and children, at risk. This brings up questions about the reach of Article 21 (Right to Life and Personal Liberty) and Article 14 (Right to Equality), particularly when legal protections depend on how society views the relationship.
Abstract
This article looks at the complicated legal status of live-in relationships in India. It discusses constitutional principles, important court rulings, and social views. It highlights the changing judicial perspective, the protection of women under the Domestic Violence Act, the recognition of children born from these relationships, and the pressing need for clear laws. The goal is to simplify the legal confusion surrounding live-in arrangements and to show both the empowerment and risks they create.
Use of Legal Jargon
The legal issues surrounding live-in relationships raise several important concepts. One key term is “relationship in the nature of marriage.” This term, introduced by the Protection of Women from Domestic Violence Act, 2005 (PWDVA), allows courts to offer remedies to women in non-marital cohabitations that resemble marriage. However, not all cohabitations meet this standard. Courts look at factors such as the length of the relationship, shared finances, sexual fidelity, and social perception.
Another important principle is the presumption of marriage. This principle, based on Section 114 of the Indian Evidence Act, enables courts to assume a marriage exists after a long cohabitation. However, these assumptions can be challenged, leading to uncertainty in legal recognition. The right to cohabit isn’t officially recognized as a statutory right, but courts have interpreted it within Article 21, which highlights individual autonomy and dignity. Still, issues like moral policing, inconsistent court decisions, and the absence of statutory support make it difficult to enforce these rights.
The Proof
There is no law in India that specifically regulates live-in relationships. However, courts have slowly filled this gap by focusing on rights:
• The PWDVA, 2005, was one of the first legal tools to indirectly address live-in arrangements. It offers protection to women in a domestic relationship that resembles marriage, given certain conditions are met.
• In Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court recognized that while live-in relationships are not the same as marriage, they deserve protection if they are long-term, stable, and socially acknowledged. The Court also pointed out that casual relationships or those formed solely for sexual reasons do not fall under this legal protection.
• The Supreme Court acknowledged the legitimacy of children from live-in relationships in Tulsa v. Durghatiya (2008) and Revanasiddappa v. Mallikarjun (2011). They ruled that children born from long-term live-in relationships should not be considered illegitimate.
Still, major issues persist:
• There is no legal requirement for maintenance unless a woman proves a marriage-like relationship.
• Men or LGBTQ+ partners have no legal options for protection against abuse or abandonment.
• Live-in partners do not have property or inheritance rights unless covered by general property laws or wills.
Case Laws
1. Badri Prasad v. Dy. Director of Consolidation (1978) AIR 1557
• The Supreme Court recognized a 50-year live-in relationship as a valid marriage. This case set a precedent for assuming marriage through cohabitation.
2. S. Khushboo v. Kanniammal (2010) 5 SCC 600
• The Court held that live-in relationships are not supposed to illegal. It emphasized that adult couples can choose how they want to live under Article 21.
3. Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755
• Established criteria for recognizing a “relationship in the nature of marriage” and provided protection under the Domestic Violence Act.
4. Nandakumar v. State of Kerala (2018) 16 SCC 602
• Stated that adults, even if they are not married, have the right to live together. This reinforced the idea that cohabitation cannot be made a crime.
5. D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469
• the concept of “de facto” marriage. It outlined the need for proof of a long-term, socially accepted relationship for legal relief.
Conclusion
Live-in relationships challenge traditional views of family and marriage, yet they reflect a reality in modern India. While courts have played a key role in building a quasi-legal framework, much work remains. The absence of a clear law creates inconsistency. Often, the rights of vulnerable partners, especially women and children, depend on judicial discretion.
There is an urgent need for a clear legal statute to define, optionally register, and regulate live-in relationships. This would help clarify rights related to maintenance, property, custody, and protection from abuse. Legally recognizing these relationships does not undermine marriage; instead, it promotes individual freedom, gender justice, and legal clarity in a diverse society.
FAQ
Q: Is live-in relationship legal in India?
A: Yes. While there is no specific law governing them, live-in relationships between consenting adults are not illegal. They are protected under mentioned Article 21 of the Constitution of India.
Q: Can a woman in a live-in relationship seek protection from domestic violence?
A: Yes. Under the PWDVA, if the relationship resembles marriage, women can seek help such as residence orders and maintenance.
Q: Are children born from live-in relationships legitimate?
A: Yes. The Supreme Court has ruled that children from long-term live-in relationships are legitimate and have inheritance rights from their parents.
Q: Do live-in partners have inheritance rights in each other’s property?
A: No automatic inheritance rights exist unless there is a will or joint ownership. The relationship must meet certain criteria for the presumption of marriage for property rights to apply.
Q: Can LGBTQ+ couples live together legally?
A: Yes. Following the Navtej Singh Johar v. Union of India case in 2018, consensual living together among LGBTQ+ adults is legal. However, they do not have the same legal protections as heterosexual live-in couples under current laws.
