What Are the Laws for Live-In Relationships in India?

In India, marriage is seen as sacred and deeply tied to tradition. But as times change, more people are choosing live-in relationships, even though society still struggles to accept them. 

While certain legal precedents recognize and protect the right to choose live-in relationships, many couples face judgment, criticism, and even harassment from society and their partners. This creates a tug-of-war between personal freedom and societal expectations.  

In this blog, we’ll break down the laws around live-in relationships in India, the rights they offer, and how they aim to protect those who choose this path.

What is Live-In Relationship?

A live-in relationship is a modern concept practiced by people worldwide. A live-in relationship is when a couple above the age of 18 cohabits without getting married. 

Live-in relationships provide a flexible arrangement for individuals who prefer to avoid legal commitments. In such relationships, couples are not legally bound to take responsibility for each other. Unlike marriage, there is no official documentation verifying their cohabitation.  

Is Live-In Relationship Legal in India? 

There’s no specific legislation for Live in Relationship in India to determine the rights and obligations of partners. However, The Hon’ble Supreme Court of India, in various cases, has recognized live-in relationships as a form of companionship.  

In the case of Mohabbat Ali Khan vs. Muhammad Ibrahim Khan (1929), the court stated that when a man and woman are shown to be living together as a couple, the law will assume they were cohabiting as a valid married pair unless proven otherwise. 

Similarly, in S. Khushboo vs. Kanniammal (2010), the Supreme Court of India ruled that there is no law against consenting adults being in sexual relationships outside of marriage, and such relationships do not violate any legal provisions.

Need clarity on live-in laws? Ask DigiLawyerAI for instant answers!    The Court also referred to Lata Singh vs. State of U.P. & Another (2006), emphasizing that an adult woman has the right to marry or live with anyone of her choice. It further clarified that no crime had been committed by the accused and described the case as a misuse of the court's process and administrative resources. 

Legal Rights of Live-in Partners 

Since live-in relationships are similar to marriage, Indian courts have, in various instances, granted certain legal rights to live-in partners. These are mentioned below: 

1. Domestic Violence

The Kerala High Court, in the case of Vineet Ganesh v. Priyanka Vasan, ruled that a woman in a live-in relationship can file domestic violence complaints under the Protection of Women from Domestic Violence Act, 2005 (DV Act). 

Similarly, in Lalita Toppo vs. The State of Jharkhand (2018), the Supreme Court of India held that a female partner in a live-in relationship is entitled to greater relief under the Protection of Women from Domestic Violence Act, 2005 than what is provided under Section 125 of the Code of Criminal Procedure, 1973. 

2. Maintenance

In D. Velusamy vs. D. Patchaiammal  (2010), the Supreme Court clarified the distinction between live-in relationships and relationships resembling marriage.

It outlined the conditions under which a woman in a live-in relationship can seek maintenance under Section 125 of the Code of Criminal Procedure, 1973.     These conditions are:

• Appear as a married couple in society.
• Be of legal age to marry.
• Be unmarried and legally eligible to marry.
• Live together voluntarily for a significant period, presenting themselves as partners. 

3. Inheritance

Indian law does not grant live-in partners an automatic right to inheritance. However, in Velusamy v. D. Patchaiammal (2010), the Supreme Court ruled that a live-in partner may gain property rights acquired during the relationship, provided they can show a significant contribution to the acquisition of the property.    

In Dhannulal and Others vs. Ganeshram and Another (2015), the Supreme Court held that after the death of a live-in partner, the surviving woman has the right to inherit his property.    The deceased's family had argued against her inheritance rights, claiming she was not married to the deceased despite living with him for 20 years. The court, relying on previous judgments, stated that prolonged cohabitation between a man and a woman creates a presumption of marriage.      Similarly, in Vidyadhari & Ors. vs. Sukhrana Bai & Ors. (2008), the Supreme Court affirmed that a woman in a live-in relationship has the right to inherit her partner's property. 

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Rights of Children Born from Live-In Relationships

In the landmark case of Tulsa v. Durghatiya (2008), the Supreme Court ruled that children born from a live-in relationship cannot be considered illegitimate if the parents have lived together under the same roof for a significant period.   

Similarly, in S.P.S. Balasubramanyam vs Suruttayan (1993), the Supreme Court held that when a man and woman cohabit for a long time, a presumption of marriage arises under Section 114 of the Indian Evidence Act, 1872. This legal presumption grants legitimacy to children born from such relationships. 

Challenges Faced by Live-in Couples in India 

1. Social Stigma: One of the major challenges faced by Live in couples in India is social stigma. Societal norms and legal frameworks do not always align due to traditional values. 
2. Legal Recognition: Live-in relationships do not have the same clear legal status as marriages. 
3. Security Concern: Women in live-in relationships are more vulnerable to harm. They may face risks such as domestic violence or exploitation without getting proper formal protection offered by marriage.
4. Financial Issue: Financial challenges can be faced by one partner if they are dependent on the other one for financial security. Partners may find uncertainties related to expenses, property ownership and financial liabilities which can lead to disputes. 

Uttarakhand UCC Acknowledged Live-in Relationship 

Uttarakhand’s UCC has recently acknowledged live-in relationships as a form of companionship. Here is what was mentioned in the Uttarakhand’s UCC: 

• Under the Uniform Civil Code (UCC) enforced in Uttarakhand, individuals in a live-in relationship are required to submit a formal statement of their relationship to Registrar within one month of entering the arrangement, irrespective of their domicile.    
• Based on the inquiry, the Registrar will either register the relationship and issue a certificate or refuse registration with written reasons.   
• Children born out of live-in relationships will be considered legitimate and entitled to all rights as the couple's lawful offspring.   
• The registration of live-in relationships is designed solely for record-keeping purposes. It does not alter the legal standing of the partners but ensures an official record exists.   
• Either partner, or both, can terminate the relationship by submitting a statement of termination to the Registrar. If only one partner initiates the termination, a copy of the statement must be provided to the other partner.   
• If either partner is under 21 years of age, the Registrar must also inform their parents or guardians.    
• In cases where the relationship is prohibited or the submitted details appear suspicious, the Registrar must notify the police for appropriate action.   
• If the partners fail to submit the required statement within the stipulated time, the Registrar can issue a notice, directing them to comply within 30 days.    
• Failure to register a live-in relationship within one month can result in imprisonment for up to three months or a fine of ₹10,000. Providing false information or withholding material facts during registration may lead to imprisonment for up to three months or a fine of ₹25,000. Non-compliance with a Registrar's notice carries stricter penalties, including imprisonment of up to six months or a fine of ₹25,000.   
• In cases where a woman is deserted by her live-in partner, she is entitled to claim maintenance through a competent court. 

Conclusion

Live-in relationships are becoming more common in India as people accept personal freedom and modern lifestyles. While the legal precedents provide certain rights and protections for live-in partners and their children, societal acceptance remains a challenge.  

It’s essential to understand the legal aspects of these relationships to safeguard your rights and make informed decisions. Whether it's about maintenance, inheritance, or protection against abuse, knowing the laws can empower individuals to lead their lives without fear or judgment.  

Ultimately, the choice to be in a live-in relationship is personal and should be respected, fostering a society built on understanding and equality. 

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