Live-in Relationships in India: Legal Recognition and Rights

Posted On - 21 October, 2024 • By - Anju Nair

Live-in relationships, defined as arrangements where couples cohabit without formalizing their union through marriage, have become increasingly prevalent in India. This evolution mirrors shifting societal norms and changing perceptions regarding relationships and marriage. This article discusses the legal recognition of live-in relationships, the rights of individuals involved, and the challenges they encounter.

Understanding Live-in Relationships

A live-in relationship typically involves two individuals choosing to share a domestic life while engaging in a romantic or sexual partnership without the legal framework of marriage. The motivations behind such arrangements vary widely:

1. Trial Marriage: Couples often view live-in relationships as a means to assess compatibility before entering into a formal marriage.

2. Personal Freedom: Cohabitation allows individuals to maintain their independence while enjoying companionship, free from the constraints of traditional marriage.

3. Avoiding Social Stigma: For some, living together provides an alternative to marriage, particularly in societies where arranged marriages are the norm.

While live-in relationships have gained social acceptance, their legal status in India remains ambiguous. Key points include:

1. Supreme Court’s Stance: The Supreme Court has ruled that live-in relationships are not illegal; however, they lack the same legal recognition afforded to marriages. This distinction has significant implications for the rights of individuals involved.

2. Legal Rights: Live-in partners do not have the same rights as married couples. However, they are afforded certain protections under existing laws, particularly regarding domestic violence and child custody.

3. Criteria for Recognition: The Supreme Court has outlined specific criteria for a live-in relationship to gain legal recognition:

  • Voluntary Cohabitation: The relationship must be consensual and entered into freely by both parties.
  • Presentation as Spouses: Couples should present themselves as spouses to society for a significant duration.
  • Shared Household: The partners must maintain a shared household.
  • Unmarried Status: Both individuals must be unmarried or legally qualified to enter into marriage.

4. Judicial Protection: Courts have been proactive in intervening to protect couples in live-in arrangements. For instance, the Allahabad High Court has granted police protection to couples facing threats due to their cohabitation.

 5. Legal Consequences for Non-compliance: In some states, couples who provide false information, withhold relevant details, or fail to register their live-in relationship may face penalties, including imprisonment or fines.

Despite the challenges, there are legal provisions designed to protect individuals in live-in relationships:

1. Protection Against Domestic Violence: The Protection of Women from Domestic Violence Act, 2005, extends its provisions to women in live-in relationships, allowing them to seek legal recourse and protection from abuse.

2. Rights of Children: Children born to parents in a live-in relationship are considered legitimate and enjoy the same rights as those born to married couples. Relevant laws, such as the Hindu Minority and Guardianship Act, 1956, safeguard their custody and guardianship.

3. Maintenance Rights: Although the legal framework is still evolving, courts have acknowledged that partners in a live-in relationship may have claims for maintenance under the Hindu Adoptions and Maintenance Act, 1956, or under Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), provided they meet certain criteria.

Challenges Faced by Couples in Live-in Relationships

 Despite the recognition of live-in relationships, couples often face various challenges:

1. Social Stigma: Many people still view live-in relationships with skepticism, leading to social ostracism and familial disapproval that can affect mental health and well-being.

2. Legal Ambiguities: The absence of a comprehensive legal framework specifically addressing live-in relationships creates uncertainty regarding partners’ rights and responsibilities, particularly concerning property and inheritance.

3. Abuse and Violence: While legal protections exist, couples may encounter difficulties accessing these protections, especially if their relationship is not formally recognized.

4. Property Rights: Disputes regarding property ownership and rights can arise if a live-in relationship ends, leading to complications and conflicts over shared assets.

Recent Developments and Judicial Rulings

Recent judicial rulings have significantly impacted the legal landscape surrounding live-in relationships:

1. Supreme Court Rulings: The Supreme Court has reaffirmed the legitimacy of live-in relationships, asserting that they are not inherently immoral if based on consent.

2. Clarifying Rights: Courts have clarified that individuals in live-in relationships can seek protection under domestic violence laws, underscoring the need for legal safeguards.

3. Advocacy for Clear Frameworks: Non-governmental organizations and women’s rights advocates are pushing for clearer legal frameworks that outline the rights and responsibilities of individuals in live-in relationships, aiming to diminish societal stigma.

Conclusion

Live-in relationships are increasingly recognized in India, reflecting a shift in societal attitudes and values. While the judiciary has made progress in acknowledging the rights of individuals in these arrangements, significant challenges persist.

To fully recognize and protect live-in relationships under Indian law, a comprehensive legal framework is necessary. Such a framework should address the rights, responsibilities, and protections of individuals involved, fostering a more inclusive environment that empowers couples to make choices that align with their values, ensuring their rights and dignity are upheld.

King Stubb & Kasiva,
Advocates & Attorneys

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