In India, live-in relationships refer to couples who live together without being married. While this concept has become increasingly common in recent years, the laws regarding live-in relationships in India are still evolving. Unlike in some other countries, live-in relationships are not recognized as a legal union under any law in India.

However, the Supreme Court of India has held that living together as partners without getting married is not illegal or a criminal offense. Partners in a live-in relationship do not have the same legal rights as married couples, but they are entitled to some legal protection under certain laws. In this context, it is important to understand the legal framework governing live-in relationships in India to protect the rights of individuals in such relationships.

In terms of legal rights, partners in a live-in relationship do not have the same rights as married couples. For example, partners in a live-in relationship cannot inherit each other's property, and they do not have any right to maintenance in case of a separation. However, if a child is born out of a live-in relationship, the child has the same legal rights as a child born to a married couple.

The Domestic Violence Act, 2005, provides protection to women in live-in relationships who face domestic violence. The Act defines a domestic relationship as one in which the two persons live together in a shared household and are in a relationship in the nature of marriage. Therefore, a woman in a live-in relationship can approach the court for protection under the Domestic Violence Act.

In 2015, the Supreme Court of India held that a woman who has been in a live-in relationship for a long time should be entitled to maintenance from her partner after separation, even though live-in relationships are not recognized as marriages under Indian law.

It is advisable for partners in a live-in relationship to have a written agreement outlining their respective rights and obligations, including financial arrangements, in case of separation. This can provide some legal protection to both partners in the absence of formal recognition of their relationship under Indian law.

Background History
The concept of live-in relationships is not new in India, and it has been prevalent in various parts of the country for centuries. However, the formal recognition of live-in relationships under Indian law is a relatively recent development.

• In 2005, the Indian Parliament passed the Protection of Women from Domestic Violence Act, which provided legal protection to women who live with their partners in a relationship similar to marriage. The Act recognized the need to protect women who face domestic violence in live-in relationships and made provisions for them to seek legal remedies.
   
• The first time the legal system in India recognized live-in relationships was in 2010, when the Supreme Court of India passed a landmark judgment in the case of "Khushboo vs Kanniammal." In this case, the court held that live-in relationships were not illegal or immoral, and that two consenting adults had the right to live together without getting married.
   
• In 2015, the Supreme Court of India made a landmark judgment in the case of D. Velusamy vs. D. Patchaiammal, where it recognized that a long-term live-in relationship could be considered a valid marriage under certain circumstances. The court also held that women in live-in relationships are entitled to maintenance from their partners after separation.
   
• Subsequently, in 2015, the Supreme Court of India further expanded the rights of partners in live-in relationships in the case of "Indra Sarma vs V.K.V. Sarma." The court held that women in long-term live-in relationships were entitled to maintenance from their partners after separation, even though live-in relationships were not recognized as marriages under Indian law.

Overall, the legal recognition of live-in relationships in India has evolved over time, and while they are not considered a legally recognized union, couples in live-in relationships do have some legal protection under Indian law.

Meaning Of Live-in Relationship

A live-in relationship, also known as cohabitation, refers to an arrangement where two individuals who are romantically involved with each other live together without being married. The couple shares a common household and engages in a sexual relationship but chooses not to formalize their relationship through marriage.

In a live-in relationship, the couple enjoys the benefits of living together without the legal obligations and formalities of marriage. This includes making decisions together, sharing household chores and responsibilities, and having the freedom to choose their lifestyle and activities without interference from others.

It is important to note that live-in relationships are not legally recognized as a valid union under Indian law, and therefore, couples in such relationships do not have the same legal rights as married couples. However, the Supreme Court of India has recognized that living together as partners without getting married is not illegal or a criminal offense.

Live-in relationships are becoming increasingly common in modern society, particularly among younger generations, who may choose to live together before getting married or as an alternative to marriage. While live-in relationships may not be legally recognized as a marital union in some jurisdictions, they provide an opportunity for couples to explore their compatibility and commitment before making a more permanent commitment through marriage.

Challenges Faced By Couples In Live-in Relationship In India

Couples in live-in relationships in India may face various challenges, both social and legal, due to the non-recognition of such relationships under Indian law.

Some of the significant challenges faced by couples in live-in relationships in India are:

• Social stigma: Live-in relationships are not widely accepted in Indian society, and couples may face social stigma and disapproval from family, friends, and society.
   
• Lack of legal protection: Live-in relationships are not legally recognized in India, and couples do not have the same legal rights as married couples. They may not be entitled to property rights, inheritance, or maintenance in case of separation.
   
• Financial instability: Couples in live-in relationships may face financial instability due to the lack of legal recognition and protection. In case of separation, they may not have any legal claim to the property or assets of their partner.
   
• Domestic violence: Women in live-in relationships may be vulnerable to domestic violence, and they may not have legal protection against such violence.
   
• Lack of social security: Couples in live-in relationships are not entitled to social security benefits like married couples, such as health insurance, pension, or other benefits.
   
• Family pressure: In India, family often plays a significant role in the personal lives of individuals. Couples in live-in relationships may face pressure from their families to get married or to conform to traditional societal norms.

Overall, the challenges faced by couples in live-in relationships in India are significant due to the non-recognition of such relationships under Indian law. However, the Supreme Court of India has provided some legal protection to couples in live-in relationships under certain circumstances, and the social acceptance of such relationships is gradually increasing.

Future Perspective Of Live-in Relationship In India

The future perspective of live-in relationships in India is an interesting and evolving topic. As Indian society becomes more liberal and progressive, there is a growing acceptance of alternative lifestyles and personal choices, including live-in relationships.

Some factors that may impact the future of live-in relationships in India are:

1. Legal recognition:
   There is a demand for legal recognition and protection of live-in relationships in India. While the Supreme Court of India has provided some legal protection to women in live-in relationships, there is a need for comprehensive laws to address the legal and social issues faced by couples in such relationships.
    
2. Changing societal norms:
   Indian society is undergoing a gradual shift towards more liberal and progressive values, and there is increasing acceptance of personal choices and alternative lifestyles. This may lead to greater acceptance of live-in relationships in the future.
    
3. Generational differences:
   Younger generations in India are more open-minded and liberal compared to previous generations, and they may be more accepting of live-in relationships as a lifestyle choice.
    
4. Economic factors:
   As the economy grows and more people become financially independent, there may be a shift towards non-traditional living arrangements like live-in relationships.

Nonetheless, the Supreme Court of India has recognized the right of adult couples to choose their lifestyle, including living together without being married, and has provided legal protection to women in live-in relationships through various judgments. This recognition is expected to contribute to greater acceptance of live-in relationships in Indian society.

Furthermore, as more people move to urban areas, and societal norms and values continue to evolve, there may be a greater shift towards alternative lifestyles, including live-in relationships. With changing times, the Indian legal system may also consider recognizing live-in relationships as a legally valid union and provide greater legal protection and entitlement to rights to couples in such relationships.

Does Live-in Relationship Is Valid In India?
Live-in relationships are not legally recognized as a valid union in India. Indian law does not provide any specific legislation that governs live-in relationships or provides legal recognition to such relationships.

As per Indian law, marriage is the only legal union that is recognized, and couples in a live-in relationship are not entitled to the same legal rights and protection as married couples. This lack of legal recognition and protection for live-in relationships can create challenges for couples, especially in case of separation or disputes related to property and assets.

Therefore, while live-in relationships are not legally recognized as a valid union in India, the Supreme Court of India has provided some legal protection to individuals in such relationships under certain circumstances. Nonetheless, it is essential to note that the legal protection for individuals in live-in relationships in India is limited compared to the legal rights and protection provided to married couples.

• In India, the concept of live-in relationships has been given certain legal protection through various judgments of the Supreme Court and High Courts. For instance, in the case of Indra Sarma vs. V.K.V. Sarma, the Supreme Court held that a live-in relationship is akin to a marital relationship and is protected under the Domestic Violence Act, 2005. The court also held that a woman in a live-in relationship is entitled to maintenance if the man deserts her or refuses to maintain her.
   
• Similarly, in the case of D. Velusamy vs. D. Patchaiammal, the Supreme Court held that a live-in relationship can be presumed to be a valid marriage if the couple has lived together for a long time and there is evidence to show that they have held themselves out to society as being akin to spouses.

Overall, while live-in relationships are not legally recognized as a valid union in India, they do enjoy certain legal protection under the Indian legal system, and the Supreme Court has recognized the rights of couples in live-in relationships under certain circumstances.

Legal Framework For Live-in Relationship In India
There is no specific provision for live-in relationships under Indian law. However, certain laws and judgments of the courts have recognized the rights of couples in live-in relationships and provided legal protection to them.

Some of the provisions that relate to live-in relationships in India are:

1. The Hindu Marriage Act, 1955:
   The Act provides for the registration of marriages and also recognizes the right of a woman to maintenance from her husband in case of separation. While it does not recognize live-in relationships as a valid union, the courts have held that a woman in a live-in relationship can claim maintenance under the Act if she is able to prove that the relationship is akin to a marital relationship.
    
2. Domestic Violence Act, 2005:
   The Domestic Violence Act provides protection to women in domestic relationships, including those in live-in relationships, against violence and abuse. The act recognizes live-in relationships as a relationship in the nature of marriage and provides protection to women in such relationships.
    
3. Protection of Women from Domestic Violence Rules, 2006:
   The rules made under the Domestic Violence Act provide for the procedure for the application for protection orders, residence orders, and monetary reliefs by women in live-in relationships.
    
4. Protection of Women from Domestic Violence (Amendment) Act, 2013:
   This amendment to the Domestic Violence Act, 2005, includes "relationship in the nature of marriage" within the definition of "domestic relationship." This includes live-in relationships, and women in such relationships are entitled to protection under the Act.
    
5. Indian Penal Code:
   The Indian Penal Code provides for criminal liability for offences like rape, adultery, and bigamy, which can also be applicable in cases of live-in relationships.

Overall, while there is no specific law for live-in relationships in India, the Indian legal system has provided certain legal protection and entitlement to rights to couples in such relationships through various judgments and provisions.

Landmark Judgement For Live-in Relationship
There have been several landmark judgments in India related to live-in relationships, which have played a significant role in providing legal recognition and protection to such relationships. Some of the most important judgments are:

• D. Velusamy v. D. Patchaiammal (2010):[i]
  In this case, the Supreme Court of India laid down certain criteria to determine whether a relationship between two adults, who are not married, qualifies as a "relationship in the nature of marriage" and is within the ambit of domestic relationship under the Protection of Women from Domestic Violence Act, 2005.
   
• S. Khushboo v. Kanniammal & Anr. (2010):[ii]
  In this case, the Supreme Court held that live-in relationships are not illegal or immoral, and that adults have the right to live together even if they are not married.
   
• Indra Sarma v. V.K.V. Sarma (2013):[iii]
  In this case, the Supreme Court held that a woman in a live-in relationship is entitled to protection under the Domestic Violence Act, 2005, and is entitled to maintenance if the man deserts her or refuses to maintain her.
   
• Payal Sharma v. N. Talwar (2018):[iv]
  In this case, the Delhi High Court held that a woman in a live-in relationship is entitled to the same rights as a legally wedded wife under the Hindu Marriage Act, 1955, and that a child born out of such a relationship is entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956.
   
• Lalita Toppo v. State of Jharkhand (2018):[v]
  In this case, the Supreme Court held that a couple in a live-in relationship can be deemed to be married if they have lived together for a long time and have been accepted by society as a married couple.

These landmark judgments have played a significant role in providing legal recognition and protection to live-in relationships in India and have helped to address the social stigma and discrimination faced by couples in such relationships.

Conclusion
In conclusion, live-in relationships have become more prevalent in India in recent years, and the legal framework for such relationships is evolving. While there is no specific law in India that governs live-in relationships, the courts have recognized the validity of such relationships and have provided legal protection to individuals in such relationships through various judgments.

The courts have held that live-in relationships are not illegal or immoral, and adults have the right to live together even if they are not married. The courts have also held that women in live-in relationships are entitled to the same rights as legally married wives, including protection under the Domestic Violence Act and maintenance.

However, there are still many legal and social challenges faced by couples in live-in relationships in India, including property rights, custody of children, and social stigma. It is important for the government and society to recognize and accept live-in relationships as a legitimate form of companionship and provide more legal protection to individuals in such relationships.

Overall, the legal framework for live-in relationships in India is still evolving, and there is a need for more comprehensive laws and policies to address the various issues and challenges faced by couples in such relationships.

References:

• https://tripakshalitigation.com/legality-of-live-in-relationship-in-india/
• https://blog.ipleaders.in/are-live-in-relationships-legal-in-india/

End-Notes:

1. (2010) 10 SCC 469
2. (2010) 5 SCC 600
3. (2013) 15 SSC 775
4. AIR 2001 All 254
5. (2019) 13 SCC 796

Written By: Sanjay Kumar Sah