Author: Nimisha Anuragi, Dharmashastra National Law University, Jabalpur
Abstract
Live-in relationships in India, once a subject of social taboo, have gradually gained legal recognition. Over the past few years, judicial pronouncements and legislative advancements have significantly altered the landscape, providing new legal protections and responsibilities for individuals in such relationships. This article delves into the recent updates in India’s legal framework, analyzing the evolving trends and the implications of recent case laws that redefine live-in relationships. It also explores the debate surrounding the legal status of children born out of such unions, highlighting the growing acceptance and the judicial shifts in the country.
To the Point
Live-in relationships, once a subject of intense debate, are now legally recognized under the Indian legal system. Over time, the judiciary has played a pivotal role in shaping the legal framework around these relationships, particularly through significant Supreme Court and High Court rulings. These rulings have not only offered legal recognition to individuals in live-in partnerships but have also provided them with legal protection, especially in cases involving women. A notable update came through the inclusion of live-in relationships under the scope of the Protection of Women from Domestic Violence Act, 2005. This inclusion has been instrumental in providing relief to women in live-in relationships, allowing them access to vital legal protections such as the right to maintenance and protection from domestic abuse. Furthermore, recent case laws, particularly from the Supreme Court and various High Courts, have solidified the rights of individuals in live-in relationships, focusing on issues like maintenance and the protection of individuals from domestic violence, thereby ensuring that live-in partners are granted legal rights similar to those of married couples.
The Legal Evolution of Live-In Relationships in India
Live-in relationships in India have witnessed a significant legal transformation in recent years. Historically, live-in relationships were frowned upon, considered morally inappropriate, and legally unrecognized. However, the Indian judiciary has begun to offer legal validation, and live-in relationships are now being treated as a valid alternative to traditional marriages. Several legal decisions have paved the way for a more inclusive understanding of relationships in Indian society.
Legal Protection Under the Domestic Violence Act
One of the most significant legal protections that emerged for live-in partners came through the Protection of Women from Domestic Violence Act, 2005. This Act, which initially aimed to protect married women from domestic violence, was amended through judicial pronouncements to include women in live-in relationships. Under the Protection of Women from Domestic Violence Act, 2005, women in live-in relationships are provided protection under Section 2(f), which defines “domestic relationship” as any relationship between two persons who live or have lived together in a shared household. This definition is broad enough to include women in live-in relationships, offering them legal protections similar to those provided to married women.
Section 3 of the Act further defines “domestic violence” to include physical, emotional, sexual, and economic abuse, and women in live-in relationships can seek protection under these provisions. The Act ensures that women in such relationships can claim rights like maintenance, protection orders, and residence orders.
In Indra Sarma v. V.K.V. Sarma (2013), the Court ruled that a woman in a live-in relationship is entitled to maintenance and can seek relief under the Domestic Violence Act. The Court further established the criteria for determining whether a relationship qualifies as a live-in relationship, including factors such as mutual consent, duration of the relationship, and whether the couple presents themselves as husband and wife in society.
Registration of Live-In Relationships
In response to the growing number of live-in relationships, some state governments have proposed the registration of such relationships to provide legal security. In Rajasthan, the High Court on January 29, 2025, ruled that live-in relationships should be registered with the competent authority. This step aims to ensure that individuals in such relationships are legally recognized, especially when it comes to the protection of rights related to property, maintenance, and children.
This move reflects the state’s recognition that live-in relationships should not remain in the grey area of the law. Furthermore, the proposal in the Uttarakhand Uniform Civil Code (UCC) draft mandates the registration of live-in relationships and provides penalties for non-registration. The Uttarakhand UCC also calls for the inclusion of children born out of such relationships, ensuring their rights to legitimacy and inheritance.
The Legal Status of Children Born Out of Live-In Relationships
A critical aspect of live-in relationships that has raised legal concerns pertains to children born from such unions. In the past, children born outside marriage often faced difficulties in securing inheritance rights. The case of Vineeta Sharma v. Rakesh Sharma (2020) further reinforced the legal status of children born out of live-in relationships. The Supreme Court ruled that children born to a woman in a live-in relationship are entitled to inheritance rights and cannot be denied the same legal privileges as children born to married couples. The Court emphasized that the law should not discriminate against children based on the marital status of their parents, thereby ensuring equal protection of their rights.
Legal Protections in the Digital Age: Implications for Live-In Relationships
As live-in relationships become more common, the digital age introduces new challenges and opportunities. One of the significant developments is the rise of cyberstalking and digital harassment, which often affect individuals in live-in relationships. Recent laws and regulations addressing online abuse have provided legal avenues for partners facing such challenges. Section 66E of the Information Technology Act, 2000, which deals with the violation of privacy, has been invoked in cases of cyberstalking in live-in relationships.
Furthermore, the Personal Data Protection Bill, 2025, which is currently under review, is expected to further safeguard individuals’ privacy and data, especially in the context of relationships where personal data may be shared and misused.
Recent Legal Updates:
The following are some key updates concerning live-in relationships in India:
The Rajasthan High Court’s Decision (January 2025): The Court’s ruling that live-in relationships should be registered with a competent authority until legislation is passed provides a landmark shift toward the formal recognition of such relationships.
The Uttarakhand Uniform Civil Code (UCC): The proposal includes the mandatory registration of live-in relationships, setting out clear guidelines for property and maintenance rights, as well as the protection of children’s rights in such unions.
Supreme Court Ruling on Maintenance: In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court affirmed that live-in partners have the right to claim maintenance under the relevant provisions of the Domestic Violence Act and other relevant statutes.
Conclusion
Live-in relationships have come a long way in India, from being considered socially unacceptable to gaining legal recognition and protection. The shift in legal attitudes, backed by judicial activism and progressive rulings, has given individuals in live-in relationships significant rights and protections. The legal landscape is evolving to accommodate modern relationship dynamics, ensuring that those involved are provided with avenues for redress, maintenance, and protection from abuse.
With the introduction of state-level legislative proposals like the Uttarakhand Uniform Civil Code and judicial updates like the Rajasthan High Court’s registration mandate, the future of live-in relationships in India seems poised for further integration into the legal framework, with a focus on safeguarding individual rights, especially those of women and children.
FAQS
Q1: Are live-in relationships legally recognized in India?
Yes, live-in relationships are now legally recognized, especially for women seeking protection under the Protection of Women from Domestic Violence Act, 2005. The Supreme Court has recognized the rights of individuals in such relationships, including maintenance and protection from domestic abuse.
Q2: What rights do children born out of live-in relationships have?
Children born in live-in relationships are entitled to inheritance rights and other legal protections, just like children born to legally married couples, as per recent Supreme Court rulings.
Q3: Do live-in relationships need to be registered in India?
In some states like Rajasthan and under proposals like the Uttarakhand Uniform Civil Code, live-in relationships may need to be registered for legal recognition and protection. The aim is to ensure clarity on property rights, maintenance, and children’s status.
Bibliography
Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 557.
Vineeta Sharma v. Rakesh Sharma, (2020) 5 SCC 145.
Rajasthan High Court Order, January 29, 2025.
Uttarakhand Uniform Civil Code (Draft), available on the official state government website.
