Family Law Videos - Legal status of live-in relationships in India

In a landmark judgment that considerably reduced the stigma of live-in-relationships, the Supreme Court in a 2015 judgment ruled that couples in live-in-relationships will be considered to be the same as legally married couples.

What the judgment of the Supreme Court basically entailed was that women in live-in relationships will get the rights as that of a wife. The judgment, thus, brought with it rights such as maintenance for women part of live-in-relationships.

In case, there is an abrupt ending to the relationship between the man and the woman, the woman will also be able to contest for maintenance (which will be structured around the concept of alimony) from the man.

An important Supreme Court judgment which laid down a number of guidelines with regard to live-in-relationships is Indra Sarma v. V.K.V Sarma. It is considered to be a landmark judgment when it comes to the legal status of live-in relationships in India. 

Syncing their decisions with the judgment of the Supreme Court, the Delhi High Court in a 2015 judgment ruled that it could not keep live-in relationships outside the purview of rape under the IPC. 

This presents a scenario where a number of false cases could be initiated due to the taking up of such attitude by the courts.

Women part of live-in- relationships can file petitions asking for: 
Maintenance, when the ending of the relationships warrants this
Other petitions which can be filed by the wife, as the facts and circumstances may warrant.

In November of 2013, it was held by the Supreme Court that live-in-relationships are neither a crime nor a sin, while asking Parliament to frame law for protection of women in such relationship and children born out of it. 

The adoption of such attitude of the court is a real encouragement with regard to the people of the country.