For generations, the concept of live-in relationships in India challenged traditional social norms built on the foundation of marriage. Cohabitation before marriage was largely seen as a transgression. However, with a growing emphasis on individual choice and changing social dynamics, a more nuanced understanding of live-in relationships is emerging.
In this blog, we will delve into the legal landscape surrounding live-in partnerships in India.
What are Live-in Relationships?
A live-in relationship, also known as cohabitation, describes a situation where two romantically involved individuals choose to share a residence without getting married. This arrangement offers a level of intimacy and commitment akin to marriage, but without the legal formalities.
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Legal Recognition
As of today (April 11, 2024), live-in relationships are not recognized as formal unions under Indian law. There’s no specific legislation that governs these partnerships or grants them legal rights equivalent to married couples. This lack of recognition can lead to complications, particularly regarding property disputes and child custody issues, upon separation.
Landmark Judgments
Despite the absence of a specific law, the Supreme Court of India has played a crucial role in shaping the legal landscape for live-in couples through landmark judgments.
Here are some key rulings:
Indra Sarma vs. V.K.V. Sarma (2013): This case recognized a woman’s right to claim maintenance and protection under the Domestic Violence Act, 2005, if her partner in a live-in relationship abandons her or denies financial support. This judgment highlights a woman’s right to protection from domestic violence irrespective of her marital status.
D. Velusamy v. D. Patchaiammal (2010): The court acknowledged that a long-term live-in relationship where the couple presents themselves as akin to a married couple might be considered a valid union under certain circumstances. This suggests potential avenues for inheritance rights and other legal protections in the future.
Lata Singh v. State of Uttar Pradesh & Anr (2006): This judgment established the fundamental right of consenting adults to cohabitate outside of marriage. Living together in a committed relationship was declared neither illegal nor immoral, falling under the right to privacy enshrined in the Indian Constitution.
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Challenges and the Road Ahead
Even though live-in couples have benefited from recent court rulings, they still face obstacles.
Social Stigma:
Many Indian families and communities disapprove of live-in relationships due to the country’s traditionally conservative social norms.
Property Rights:
Uncertain legislation exposes couples to risk. The division of any assets acquired throughout the relationship is unclear.
Child Custody:
For children born to couples who live together, there is a lack of clear legal guidance regarding parental rights and child custody.
More precise legislation is required to safeguard the rights of cohabiting couples in matters of money, property, and child custody.
Conclusion
The increasing prevalence of live-in relationships in India is a reflection of shifting societal norms and rising personal ambitions. A more all-encompassing strategy that acknowledges and protects the rights of agreeing adults in live-in partnerships is essential as the legal framework is constantly changing due to court rulings. A more inclusive and equitable legal landscape for all will be achieved through proactive steps from the government and a shift in societal perspectives.
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FAQ
Can two people in a committed relationship live together in India?
Living in close quarters with a romantic partner is perfectly legal in India. In the 2006 case of Lata Singh v. State of U.P, the Supreme Court confirmed that adults can live together outside of marriage if they so desire. Couples who live together but are not legally married do not enjoy the same protections under the law.
Am I able to be in a committed relationship without a divorce decree?
No, it may be against the law to cohabitate with someone you’re already married to. According to the Punjab and Haryana High Court’s ruling, Sections 494 and 495 of the Indian Penal Code could be interpreted as bigamy in this particular case.
Does Indian law permit a married person to live with another person?
This becomes somewhat intricate. In the absence of the spouse’s consent, it is illegal for a married person to have a second partner. Curiously, though, some noteworthy court decisions have surfaced:
Living together as adults, with or without a spouse, appears to be legal according to the Lata Singh decision of the Supreme Court.
Living together as husband and wife is not illegal, according to the Delhi High Court.
Is a live-in relationship permissible in Hinduism?
According to the Supreme Court’s interpretation of Hindu personal laws, live-in relationships are not explicitly forbidden. If a couple lives together for an extended period of time, the court may view it as a marriage and grant them the same legal protections as married couples.