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.
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.
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.
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.
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.
Written by Adv Rohit Yadav