Is Live-In Relationship Legal In India?

A live-in relationship is an arrangement where couples live together but are not married. Almost 50% of the couples in the 22-28 age group are in live-in relationships in Mumbai, India’s largest metropolitan city. In comparison, almost 80% of Indians support the idea but are afraid to commit to this concept of relationship. One of their many fears is the legal binding. The question happens to be: Is live-in relationship legal in India? Or does the law prohibit live-in relationships?

It is a common query whether live-in relationships are legal in India or not. The simple answer to this question is Yes. Live-in relationship is legal in India, and the Supreme Court of India has given the verdict on this legal matter.

On March 27, 2018, the Supreme Court of India ruled that live-in relationships are legal and couples in such relationships have equal rights as that married couples. The apex court ruling was given by a bench of justices AK Goel and UU Lalit while hearing a petition filed by dancer Navtej Jauhar. The latter had challenged the order of the Delhi High Court, which had annulled his marriage with a French woman on the grounds of it being against the Christian culture.

The apex court said that a live-in relationship is not an offense under Section 497 of the Indian Penal Code (IPC). It was ruled by the apex court that a live-in relationship would not be considered an offense under the IPC if both partners were unmarried.

What are your rights as a partner in a live-in relationship in India?

A live-in relationship is a relationship where both partners agree that they will live together without getting married. In India, the legal rights of a partner in a live-in relationship depend on whether he or she is covered by any laws.

The Right to Life and Personal Liberty

Couples in live-in relationships have the right to cohabit without interruption, including the right to life and personal property under Artice 21 of the Indian Constitution.

The Protection of Women from Domestic Violence

The Domestic Violence ACT of 2005 defines a domestic relationship as a relationship in the nature of marriage. Thus, women can seek protection under this ACT. If any law does not cover a person, then he or she can approach the court to get a protection order against abuse under the Protection of Women from Domestic Violence Act (PWDVA) 2005.

The Right to Seek Alimony/Maintenance

The court may award a maintenance amount to the partner in case of a live-in. Section 125 of the Criminal Procedure gives women the right to seek alimony/maintenance if she is able to form a marriage-like connection.

Thus, the court of law may recognize a live-in relationship as a marriage. The live-in partners and their children can claim any inheritance or alimony legally.

In India, it is often said that cohabitation without marriage is against the institution of marriage, but the Supreme Court of India has held that the institution of marriage cannot be considered static and must change with time. In fact, it is quite common in India for young people to live together before marriage. The Indian census does not classify them as married or unmarried. However, under Section 497 of the Indian Penal Code, adultery is a criminal offense and can lead to a sentence.

Also Read: What’s a Live-in Relationship?

Frequently Asked Questions

What is a live-in relationship?

A live-in relationship is an informal and unwritten contract between two adults of the opposite sex who live together without any legal commitment or obligations. Live-in relationships are not recognized in India, but it is a common practice, especially among the youth. However, live-in relationships are a socially acceptable concept in India. It is often considered an alternative to marriage.

What are the laws related to live-in relationships in India?

Laws related to live-in relationships in India have been enacted and amended by various state governments. There is no federal legislation, but the Supreme Court of India, in its various judgments, has laid down guidelines for live-in relationships. The laws are similar but vary from state to state and have been widely criticized as being biased against women. They deal with issues such as children born out of wedlock, maintenance, and inheritance rights.

Reference: