In recent years, live-in relationships have become more prominent in India, especially in urban areas. While traditional Indian society often places marriage at the centre of social structure, changing social norms and an evolving legal landscape have brought about greater acceptance of non-marital cohabitation. However, the question remains: Are live-in relationships legally recognised in India? This article explores the legal framework, societal attitudes, rights and responsibilities of partners, and the implications of live-in relationships under Indian law.
A live-in relationship refers to an arrangement where a couple chooses to live together without formally registering their partnership as a marriage. Unlike Western countries, where cohabitation is generally accepted and legally regulated, India’s cultural and legal history does not have a longstanding provision for such partnerships. Despite this, the Indian judiciary has acknowledged and addressed the concept of live-in relationships, adapting the country’s legal framework to accommodate shifting societal norms.
One of the landmark cases in this regard was S. Khushboo vs. Kanniammal & Anr (2010), where the Supreme Court ruled that live-in relationships are a part of a person’s right to life and cannot be considered illegal. The Court further stated that adults have the freedom to choose their partners, including the right to cohabit without marriage, as guaranteed under Article 21 of the Indian Constitution, which protects the right to life and personal liberty.
In another notable case, D. Velusamy vs. D. Patchaiammal (2010), the Supreme Court highlighted the concept of a “relationship like marriage.” While the Court did not equate live-in relationships with marriage, it identified certain conditions under which a live-in relationship could resemble a marriage, thus conferring limited rights on the partners involved. These conditions, referred to as a “relationship akin to marriage,” included:
– The couple must live together for a significant period.
– The relationship must be monogamous.
– Both individuals must be of legal marriageable age.
– The relationship should be consensual and resemble a marriage in its conduct.
Though live-in relationships are not legally equivalent to marriage, Indian courts have, over time, recognized certain rights for partners in such relationships, especially to protect women and children.
Right to Maintenance: In the landmark case Indra Sarma vs. V.K.V. Sarma (2013), the Supreme Court extended the right to maintenance to women in live-in relationships under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). According to this ruling, if a woman is in a live-in relationship akin to marriage, she is entitled to maintenance under the law.
Property Rights: Generally, partners in a live-in relationship do not have inheritance or property rights over each other’s assets. However, if both partners contribute to the acquisition of an asset or property, they may claim joint ownership or an equitable share in it.
Right of Children Born in Live-In Relationships: The Supreme Court in Tulsa vs. Durghatiya (2008) ruled that children born out of live-in relationships are not illegitimate and have a right to inheritance of their parent’s property. Additionally, in Revanasiddappa vs. Mallikarjun (2011), the Court emphasized that a child born from a live-in relationship has the same rights as a child born to a married couple.
One of the most significant pieces of legislation that applies to live-in relationships in India is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Although primarily enacted to protect married women from domestic abuse, the Supreme Court’s interpretation has extended its provisions to women in live-in relationships as well. This means that women in live-in relationships who face domestic abuse or economic deprivation can seek protection, residence, and maintenance orders under the PWDVA.
While legal recognition of live-in relationships has progressed, Indian society remains largely traditional, and live-in relationships often face societal disapproval, especially in rural and conservative areas. Many families and communities view live-in relationships as a challenge to traditional values, with opposition rooted in cultural and religious beliefs. Couples living together without marriage often face stigma, moral policing, and, in some cases, legal harassment.
However, urban centres, where economic independence, educational attainment, and exposure to diverse lifestyles are higher, are witnessing a gradual shift in societal attitudes. Younger generations, particularly those in metropolitan cities, are increasingly open to the idea of live-in relationships as a personal choice, reflecting a gradual change in the social fabric of Indian society.
Legal Limitations and Challenges
While live-in relationships receive limited recognition under the law, several challenges remain:
Ambiguity in Legal Status: Unlike marriage, which is legally binding, live-in relationships have no formal legal framework. This ambiguity makes it difficult to enforce rights and responsibilities consistently, often leaving one partner, usually the woman, in a vulnerable position.
Lack of Inheritance Rights: Without a partner specifically mentioning the other in their will, inheritance rights do not automatically apply in live-in relationships. This can lead to complications, particularly in cases where one partner passes away without a legal will.
Social Stigma and Legal Harassment: Due to societal stigma, couples in live-in relationships may face challenges when dealing with law enforcement or administrative authorities, particularly when seeking services that typically require proof of marital status.
The Road Ahead for Legal Reform
The evolving judicial approach towards live-in relationships in India signals a progressive shift, though significant legal reforms are still needed to address the complexities surrounding these relationships. Some potential steps for reform could include:
Clearer Legislation on Rights and Responsibilities: A specific legal framework could address issues like maintenance, property rights, and parental responsibilities in live-in relationships.
Inheritance and Succession Laws: Reforms in inheritance laws could safeguard the rights of partners in live-in relationships, particularly regarding property and financial support.
Increased Awareness and Sensitization: Awareness campaigns and sensitization programs could help reduce societal stigma and promote understanding of live-in relationships as a valid personal choice.
Conclusion
The legality of live-in relationships in India reflects a complex intersection of evolving legal recognition and persistent societal conservatism. While the judiciary has granted certain rights to individuals in such relationships, the absence of comprehensive legislation leaves many aspects of live-in relationships unregulated. As India continues to modernize, clearer legal provisions and progressive societal attitudes could provide individuals in live-in relationships with the security and acceptance they deserve. In this transitional period, judicial rulings continue to shape the rights of individuals in live-in relationships, reinforcing the right to choose one’s relationships without fear of discrimination or legal repercussions.
