Is Live-In Relationship Legal in India?

Live-in relationships, where couples cohabit without formally marrying, are becoming increasingly common in India. While societal norms often view these arrangements with scepticism, the legal framework has gradually evolved to address the rights and obligations of individuals in such relationships. This article explores whether live-in relationships are legal in India, the rights of partners, societal challenges, and the legal provisions governing them.
What are Live-In Relationships in India?
A live-in relationship refers to a domestic partnership where two individuals cohabit without being married. These relationships are based on mutual consent and often resemble marital relationships in many ways, such as emotional and financial interdependence.
While live-in relationships are not formally defined in Indian law, judicial interpretations have provided a framework for understanding their legal status. However, societal acceptance remains a significant challenge, with many individuals facing stigma and opposition from family and community members.
Are Live-In Relationships Legal in India?
The short answer is yes, live-in relationships are legal in India. The judiciary, through various rulings, has upheld the right of consenting adults to live together without marriage. However, this legality is nuanced and depends on factors like the nature of the relationship, the age of the partners, and their consent.
Key Supreme Court Rulings on Live-In Relationships
The Indian judiciary has played a pivotal role in recognising and legitimising live-in relationships through progressive interpretations of constitutional rights. These landmark rulings highlight the evolution of legal protections and societal acceptance for such arrangements.
Badri Prasad v. Dy. Director of Consolidation (1978)
This was one of the earliest cases in which the Supreme Court acknowledged the validity of live-in relationships. The Court observed that if a man and woman cohabit for a significant period and fulfil conditions akin to a marital bond, such as mutual consent and long-term cohabitation, the relationship can be presumed as a valid marriage. This ruling was crucial in setting the stage for legal recognition of live-in relationships, particularly concerning the rights of inheritance and the legitimacy of children born out of such partnerships.
S. Khushboo v. Kanniammal & Anr (2010)
In this case, the Supreme Court upheld live-in relationships as a facet of the fundamental right to life and personal liberty under Article 21 of the Indian Constitution. The Court emphasised that consenting adults have the freedom to cohabit without societal interference. It also clarified that merely choosing a live-in relationship does not constitute a criminal offence, even if considered immoral by society. This ruling reinforced individual autonomy and the constitutional protection of personal choices.
Indra Sarma v. VKV Sarma (2013)
This case provided further clarity on the legal standing of live-in relationships. The Supreme Court ruled that consensual live-in relationships between unmarried adults are neither illegal nor criminal under Indian law. The Court also addressed concerns of domestic violence in such relationships, bringing them under the ambit of the Protection of Women from Domestic Violence Act, 2005, ensuring rights and remedies for women in live-in arrangements.
Lata Singh v. State of Uttar Pradesh (2006)
The Supreme Court ruled that live-in relationships, though still socially unacceptable in many parts of India, are not prohibited by law. The Court underscored the importance of individual freedom and personal choice, stating that consensual relationships between adults are protected under the Constitution. This case was instrumental in laying the groundwork for extending similar protections to inter-caste and interfaith live-in relationships.
Laws Governing Live-In Relationships
While there is no specific legislation governing live-in relationships, several existing laws and judicial interpretations have extended protections and rights to individuals in such partnerships.
Article 21 of the Indian Constitution
Article 21 guarantees the right to life and personal liberty, including the freedom to live with a partner of one’s choice. The Supreme Court has interpreted this article to include the right to cohabit without marriage.
The Protection of Women from Domestic Violence Act, 2005
Section 2(f): This section defines “domestic relationship” to include relationships “in the nature of marriage.” This provision offers legal protection to women in live-in relationships, placing them on par with married women in cases of domestic violence.
The Code of Criminal Procedure, 1973
Section 125: This section, which provides for maintenance rights, has been interpreted by courts to include women in live-in relationships. Women can claim maintenance if the relationship satisfies criteria akin to a marital relationship.
The Indian Evidence Act, 1872
Section 114: Courts may presume the existence of marriage in cases of long-term cohabitation, thereby safeguarding the rights of partners and children born out of such relationships.
Rights of Partners in Live-In Relationships
In India, live-in relationships have gradually gained legal recognition, primarily through judicial interpretations aimed at safeguarding the rights of individuals involved. Despite societal challenges, the courts have provided several rights to partners in live-in relationships, ensuring protection and equality under the law.
Maintenance Rights
One of the most significant rights extended to women in live-in relationships is the right to claim maintenance. Under the Protection of Women from Domestic Violence Act, 2005 and Section 125 of the Code of Criminal Procedure (CrPC), women can seek financial support if the relationship is deemed to resemble a marital relationship.
The courts assess factors such as cohabitation, mutual commitment, and shared financial responsibilities to determine eligibility for maintenance. This provision ensures that women are not left financially vulnerable after the end of a live-in relationship.
Right to Protection from Domestic Violence
Women in live-in relationships are entitled to protection against domestic violence under the Domestic Violence Act, 2005. The Act defines a “domestic relationship” to include partnerships “in the nature of marriage.” This enables women to:
- Seek protection orders from abuse.
- Reside in the shared household, even if not legally married.
- Claim compensation for damages caused by domestic violence.
This legal framework provides women with safeguards against abuse and promotes their safety and dignity.
Property Rights
While live-in partners do not enjoy automatic inheritance rights, they may acquire rights to property accumulated during the course of the relationship.
The Supreme Court, in cases such as Velusamy v. D. Patchaiammal (2010), has held that a partner’s contribution—financial or otherwise—towards acquiring property can establish a claim. This ensures that live-in partners are not unfairly deprived of their share in jointly created assets.
Rights of Children
Children born out of live-in relationships are considered legitimate under Section 16 of the Hindu Marriage Act, 1955. They have inheritance rights over their parents’ properties, ensuring financial security.
Judicial rulings, such as Tulsa v. Durghatiya (2008), have reinforced the legitimacy of such children, emphasising that they should not face discrimination due to the nature of their parents’ relationship.
Challenges Faced by Couples in Live-In Relationships
Despite the legal recognition, couples in live-in relationships face numerous challenges in India due to cultural and societal norms.
- Social Stigma: Live-in relationships are often viewed as immoral or untraditional, leading to ostracisation and disapproval from families and communities.
- Lack of Comprehensive Legislation: The absence of a specific law governing live-in relationships leaves several grey areas, such as property rights and financial entitlements.
- Practical Barriers: Couples face difficulties in accessing rental housing, joint bank accounts, or legal services without proof of marriage.
- Safety Concerns: High-profile cases, such as the Shraddha Walkar case, highlight the vulnerabilities faced by individuals in live-in relationships, including domestic violence and lack of legal recourse.
Recent Developments and Court Judgements
X v. State of Madhya Pradesh (2024)
In this case, the Madhya Pradesh High Court dismissed the plea of an interfaith couple seeking police protection against familial threats. The Court cited cultural and religious differences as the primary reason for its decision. This judgement highlights the difficulties faced by interfaith couples in live-in relationships, particularly in proving the validity and legitimacy of their partnerships in the absence of marriage.
Practical hurdles such as proving cohabitation, financial dependence, and mutual commitment often exacerbate these challenges, leaving such couples vulnerable to social and familial opposition.
Pushpa Devi v. State of Punjab (2021)
In stark contrast, the Punjab and Haryana High Court took a progressive stance in this case by granting protection to a live-in couple under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Court emphasised that consenting adults have the freedom to choose their partners and live together, irrespective of societal disapproval.
By acknowledging the autonomy of individuals in such relationships, this judgement reinforced the judiciary’s role in safeguarding personal freedoms against societal and familial constraints.
Conclusion
Live-in relationships in India occupy a unique space between societal norms and legal recognition. While the judiciary has taken progressive steps to protect the rights of individuals in such relationships, societal acceptance and comprehensive legislation are still evolving. As the legal framework matures, it is crucial to address the challenges faced by couples and ensure their rights are safeguarded. Ultimately, live-in relationships are a personal choice, and their legality should serve to promote equality, autonomy, and dignity for all individuals involved.
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