A live-in relationship also called cohabitation in some countries is an arrangement when two people involved in a romantic and sexual relationship as partners for a long term or permanently, decide to live together without marriage
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"Live in Relationship" made by:- Adv. ANSHIKA PANDEY
1.
2. Introduction
• What are Live-in Relationships?
• Live-in relationships are relationships where two
unmarried adults cohabitate and live together as a couple,
sharing a life and household.
• They are often referred to as "unmarried partners" or
"domestic partners."
3. Legal Status in India
• Unlike in some other countries, live-in relationships are
not recognized as a legal union under any specific 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.
• This recognition is crucial in providing some legal
protection to individuals in such relationships.
4. Growing Popularity
• Live-in relationships are becoming increasingly common
in India, particularly among younger generations and
urban populations.
• This shift reflects changing societal attitudes towards
marriage and family structures.
5. Legal Recognition
No Specific Law:-
• There is no specific law in India that governs live-in
relationships, several judgments by the Supreme Court
have recognized their validity and offered certain legal
protections.
6. Relevant Judgments
• D Velusamy v D Patchaiammal (2010): This landmark
judgment recognized live-in relationships as a legitimate
relationship choice and granted property rights to partners
in such relationships.
• Lata Singh v State of UP (2006): This case recognized
the right of live-in partners to claim maintenance from
each other.
• Khushboo v Kanniammal (2010): This judgment granted
inheritance rights to children born from live-in
relationships.
7. Lack of Legal Protection
• Despite these judgments, live-in couples do not have the
same legal protections as married couples.
• They may face challenges in matters such as property
ownership, inheritance, and maintenance.
8. Rights and Protections
Right to Live Together:
• Live-in couples have the right to live together without interference from others, including family
members or the state.
Inheritance Rights for Children:
• Children born from live-in relationships are considered legitimate and have the right to inherit property
from both parents.
Protection Against Domestic Violence:
• Live-in partners are protected under the Protection of Women from Domestic Violence Act, 2005. This
act provides them with legal recourse against domestic violence.
Right to Claim Maintenance:
• Under certain circumstances, live-in partners may be able to claim maintenance from each other. This
typically depends on factors such as the length of the relationship and financial dependence.
9. Challenges and Concerns
Unclear Legal Status:
• The lack of a specific law governing live-in relationships can lead to uncertainty and confusion
regarding legal rights and obligations.
Proof of Relationship:
It can be difficult to prove the existence of a live-in relationship in court, especially if there is no written
agreement or documentation.
Social Stigma:
• Live-in relationships can still be met with social stigma and lack of acceptance from certain sections of
society.
Property and Maintenance Issues:
• In case of separation, live-in couples may face challenges regarding property division and
maintenance claims. This is because the legal framework is not as clear and established as it is for
married couples.
10. Recommendations
Enact a Specific Law:
• Enacting a specific law that governs live-in relationships would provide clarity and certainty regarding
legal rights and responsibilities. This would help ensure that live-in couples have equal protection under
the law.
Register Live-in Relationships:
• A system for registering live-in relationships could help provide proof of the relationship and facilitate
legal processes.
Equal Rights and Protections:
Live-in couples should be granted the same rights and protections as married couples, including
inheritance rights, property rights, and maintenance rights.
Awareness and Education:
• Increased public awareness and education about the legal rights of live-in couples are crucial to
overcome social stigma and discrimination. This could involve educational campaigns and legal literacy
initiatives.
11. Conclusion
• Live-in relationships are a growing reality in India.
• While legal recognition is still evolving, the Supreme Court
judgments and evolving social attitudes offer some
protection and pave the way for future progress.