Legal status of Live-In Relationship in India

In India, marriage is considered a sacramental and perpetual union, and the legal consequences of the marriage that follow add to the sanctity of the marriage. The concept of a live-in relationship was considered alien to the Indian custom, a part of the glitz and glamour world of western countries and something to be frowned upon. However, over the years the sentiments over live-in have slightly matured, with courts taking a progressive look over it.

What is a Live-in relationship?

When an unmarried couple decides to live together under the same roof for a long term, such a living arrangement resembling a marriage is known as a live-in relationship. Thus, it is the type of arrangement in which a man and woman live together without getting married. The Hindu Marriage Act, 1955, or any other statutory law, does not legally recognise a live-in relationship. The foundation of a marriage is often said to be adjustment the institution of live-in relationships supports individual freedom. The only law that provides for protection and maintenance by granting the right of alimony to an aggrieved live-in partner is the Protection of Women from Domestic Violence Act, 2005.

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Legal Status of live-in-relationship in India

In India, there is no law that deals with the concept of a live-in relationship. But our courts have given certain recognition to such relationships.

Before independence, the court's stance on live-in relationships was evident in a case where the Privy Council articulated a general principle stating that 'if a man and a woman are shown to have cohabited as a couple, it will be presumed unless proven otherwise, that they were doing so as a result of a lawful marriage'

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After independence, the Supreme Court in a case recognized the live-in relationship as a valid marriage. Further, in various other judgments, the Supreme Court has gone on record to hold that live-in-relationship is not illegal. Furthermore, in the Madan Mohan Singh v. Rajni Kant case, it was established that a live-in relationship, if sustained for a significant duration, cannot be dismissed as a casual arrangement but rather should be presumed as a form of marriage between the involved parties.

Rights of Female Partners in Live-in Relationships

The Indian Courts have displayed alacrity to protect the rights of the female partner in such a relationship as exhibited by judgments given in a number of cases. The statutes like Protection of Women from Domestic Violence Act, 2005 protect both in the categories of wife i.e. relationship by marriage and live in partner i.e. relationship in nature of marriage. The term 'alimony' was first introduced by the California Supreme Court in the landmark case of Marvin v. Marvin in 1976, which denotes financial assistance provided to a woman who has cohabited with a man for an extended period without formal marriage and subsequently finds herself abandoned by him. In India, the concept of 'Palimony' emerged in legal discourse through cases such as D. Velusamy v. D. Patchaiamma and Chanmuniya v. Virendra Kumar Singh Kushwaha. Section 25 of the Hindu Marriage Act, Domestic Violence Act 2005, Section 125 of the Cr. P.C. and Section 37 of the Special Marriage Act 1954 provide for maintenance for married women however, there is currently no specific legislation addressing Palimony in India. The National Commission for Women recommended to the Ministry of Women and Child Development made a suggestion to include live-in female partners for the right of maintenance under Section 125 of CrPC.

Rights of Children Born Out of Live-in Relationship

The law relating to the right of a child born out of a live-in relationship is still unclear. The Hindu Marriage Act, 1955 gives the status of legitimacy to every child, irrespective of birth out of the void or voidable marriage. But live-in relationships do not come under the concept of marriage. So the status of the child born out of such a relationship is still doubtful.

Prior to 2010, children born from a live-in relationship were classified as 'illegitimate' in legal contexts. Nonetheless, in the Bharata Matha v. R. Vijaya Renganathan case, the Supreme Court ruled that 'children born from a live-in relationship are deemed legitimate' and affirmed their entitlement to inheritance rights in property. Furthermore, in 2022, in the case of Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan, the Supreme Court declared that children born from a live-in relationship possess the coparcenary right to inherit the family's property, affirming that offspring born to partners cohabiting for an extended period are entitled to rights over their father's ancestral property. To know more about the rights when in live-in relations, read LawRato's article ' Rights in live-in relationships '

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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