Live-in Relationships in India: Legal Rights & Protections for Partners
Introduction
In India, live-in relationships have gained increasing acceptance, especially among younger generations in urban areas. However, they exist in a legal and social gray area, often leading to confusion regarding the rights and protections available to partners. While live-in relationships are not explicitly defined under Indian law, various judicial rulings have recognized and provided certain legal safeguards to such partnerships.
This article explores the legal status, rights, and protections available to individuals in live-in relationships in India.
Legal Recognition of Live-in Relationships in India
Although live-in relationships are not formally governed by any specific law in India, the Supreme Court has, over time, recognized them under certain conditions. Key rulings include:
- Live-in Relationships Are Not Illegal: The Supreme Court has ruled that two consenting adults have the right to live together without marriage. Such relationships are protected under Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
- Presumption of Marriage: If a couple has been cohabiting for a significant period and present themselves as husband and wife, courts may presume the relationship to be a marriage, thereby granting legal rights to the woman and children born out of the relationship.
- Protection from Domestic Violence: The Protection of Women from Domestic Violence Act, 2005 (PWDVA), extends its protection to women in live-in relationships, categorizing them under ‘relationships in the nature of marriage.’
Legal Rights of Live-in Partners
1. Right to Protection from Abuse
The PWDVA, 2005, ensures that women in live-in relationships have protection against domestic violence, abuse, and harassment. They can seek legal remedies such as protection orders, residence orders, and maintenance if subjected to violence.
2. Right to Maintenance
Under Section 125 of the Criminal Procedure Code (CrPC), the Supreme Court has ruled that if a woman is abandoned by her live-in partner after a long period of cohabitation, she may claim maintenance similar to a wife.
3. Property and Inheritance Rights
Currently, live-in partners do not have automatic inheritance rights over each other’s property unless there is a will stating so. In the absence of legal marriage, property succession laws do not apply.
4. Rights of Children Born in Live-in Relationships
The Supreme Court has ruled that children born out of live-in relationships are considered legitimate and are entitled to property and inheritance rights from their parents. However, they may not have inheritance rights over ancestral property unless there is a formal recognition of marriage.
Social and Legal Challenges
Despite legal recognition in certain aspects, live-in relationships continue to face significant social stigma in India. Some key challenges include:
- Family and societal pressure: Many couples struggle with societal disapproval, which may affect their careers, housing, and personal lives.
- Ambiguity in legal rights: Unlike marriage, live-in relationships lack a clear legal framework, leading to difficulties in matters like maintenance and property division.
- Gender bias: While laws provide some protection for women, men in live-in relationships often lack legal recourse in case of disputes.
Conclusion
Live-in relationships are gradually gaining legal recognition in India, yet they still face various legal and societal hurdles. While courts have taken progressive steps to ensure protection for women and children, a comprehensive legal framework is required to address all aspects of such relationships. Until then, couples in live-in relationships should take legal precautions such as drafting agreements on financial and property matters to safeguard their interests.
With changing societal norms, it is only a matter of time before live-in relationships receive a clearer and more structured legal standing in India.
Additionally, navigating a live-in relationship can come with emotional and psychological challenges. Seeking guidance from a marriage counselor or couples therapist can help partners build strong communication, manage conflicts, and create a balanced relationship, ensuring long-term harmony and understanding.