Many people in India think that Live-In relationships are something new in the country, which is somewhat true since they are becoming a more popular option these days, but did you know that these kinds of relationships have been in India for a long time now? Yes, but people have always felt confused about the legality of such relationships because it is actually like living together like married couples without the legal contract or official contract of marriage. But just so you know, Yes, Live-In relationships are legal in India.
Is It Legal to Live Together Without Marriage in India?
In India, living together without the official sanction of marriage is not a criminal offense at all. So yes, it is legal to Live-In together with someone who is your love partner. The Supreme Court of India has clearly stated that a couple who agrees to live in a relationship shall be entitled to protection under Article 21 of the Constitution of India ensuring the right to life which is, in other words, couples’ right to live together. So, just the fact that we remain in non-marital relationships does not violate any law. However, it is worth mentioning that these types of relationships are not illegal. But at the same time, it is also true that the law on them is not explicit or direct which leads us to kinda unclear legal rules and regulations and recognition.
Judicial Insights on Live-In Relationships
In recent years, you see, the Indian judiciary has applied legal principles to several live-in relationships right here in the country. For example, the Allahabad High Court in Payal Sharma vs. Nari Niketan upheld the faltering citizen’s right to a live-in relationship, irrespective of the society’s morals. In addition, the courts have on occasion, even The Supreme Court, looked at such relationships in much the same way as marriages, especially where the couple has been living together for a long time, and they have children, in which case their legal rights and responsibilities get affected. All in all, your rights as couples and individuals are respected and protected, but your relationship isn’t recognized as an actual marriage, that’s the only con.
Rights for Live-In Partners Explained
Just so you know, in India, various laws do not expressly mention live-in marriages, but the courts have granted specified rights to live-in partners. For example, the right to demand maintenance, which is the privilege of married spouses alone, has now also been given to live-in partners under Section 125 of the Criminal Procedure Code, 1973. This is especially true when a woman is entirely dependent on her partner for financial support.
As for children born out of live-in relationships, the law does give them a secured position, they are entitled to inherit the self-acquired property of their parents just like children of legally married couples, confirming the registration under the Hindu Marriage Act. And yes, women specifically are also protected against abuse in homes, even though they are in live-in relationships.
