Is Live- in Relationship legal in India?

Author: Rose, Bharati Vidyapeeth University, New Law College, Pune

The idea of a long-term, committed and close relationship between a male and a female in the vicinity of their society is becoming increasingly popular in today's India. The tag of such relations is being allocated in a way that, it is in surge in today’s world, where a man and women are said to be living together to understand each other completely before getting along in a marriage. The concept of whether this relationship is codified or not, is a question to be answered by our law system. Calling a live-in Relationship legal is a subjective matter where its rationale is differentiated from person to person. This blog highlights, whether live-in relationships are legalized or is a cloud in this society- Codified, or not! 

The concept of live-in relationship is being seen from the past time if we take a look at the case of Mohabbat Ali Khan V. Muhammad Ibrahim Khan (1929), where the court held that a man and women have been established to be living together as a couple, the law will pressure until the contrary is proved, that such people are cohabiting together as a valid marriage. 

The idea of love-marriage is not new; on the contrary, it has always been a subjective one. The idea of a live-in relationship can be found in the Vedas, which state that there are eight different types of marriages. One of these is Gandharva Marriage, an old Hindu custom in which two people marry based only on their mutual attraction and consent, without the need for dowries, formal ceremonies, or approval from their families. But this idea is not considered a live-in relationship; in fact, it is as comparable to Gandharva marriage, in which a man and a woman live together without following any formalities that would make their union legal. 

In the case of S. Khushboo v. Kanniammal & Anr. (2010)The Supreme Court established the legitimacy of this relationship for the first time by ruling that live-in partnerships are protected by Article 21 of the Constitution, which protects the right to life and personal liberty, and are not unlawful. In a similar vein, the court decided in Lata Singh v. State of Uttar Pradesh that two consenting individuals of the opposite sex living together in the same home without getting married is not unlawful. Although there are no rules controlling such relationships, the Supreme Court of India has made it quite plain that the practice of such live-in relationships between couples cannot be regarded as criminal.

As demonstrated in the 2013 decision of Indra Sarma v. VKV Sarma, the legal framework of such partnerships is regarded as lawful.  This decision further established the legal status of cohabitation. According to the Supreme Court, unmarried persons living together voluntarily is neither unlawful nor criminal under Indian law. The Court also addressed the problem of domestic abuse in these types of relationships by bringing these partnerships under the Protection of Women from Domestic Abuse Act, 2005, which ensures women's rights and remedies in live-in relationships. 

Although live-in relationships are still discouraged in many Indian societies, the Supreme Court ruled in the 2006 case of Lata Singh v. State of Uttar Pradesh that they are not unlawful. The Court affirmed that the Constitution protects voluntary adult partnerships, underscoring the importance of human autonomy and choice. This case established the groundwork for providing similar protections to caste-religious cohabitation.

Laws under legislation in accordance to live-in relationships. 

There are not any specific laws assigned under our legislation which deal with live-in relationships but the existing laws are said to be the framework of these relationships. 

• Article 21 of Indian Constitution: The freedom to live with a partner of one's choosing is one of the personal liberty and life rights guaranteed by Article 21. According to the Supreme Court's interpretation, this article covers the freedom to live together without getting married.

• The Protection of Women from Domestic Violence Act, 2005 (Section 2f): "Domestic relationship" is defined in this clause to encompass relationships "in the nature of marriage." In circumstances of domestic violence, this clause puts women in live-in relationships on a same footing with married women by providing them with legal protection.

• The Code of Criminal Procedure, 1973 (Section 125): Courts have interpreted this section, which grants maintenance rights, to cover women in cohabitation. If their partnership meets the requirements of a marriage, women are eligible to receive maintenance.

Equivalent section 144 of the Bharatiya Nyaya Sanhita (BNS) is applicable under new laws regulations. 

The Indian Evidence Act, 1872 (Section 114): In situations involving prolonged cohabitation, courts have the authority to assume marriage, protecting the rights of both parties and any offspring.

As live-in relationships have gained recognition, there are certain rights prescribed for the same to the people coming out from such relationships. 

• Maintenance Rights: Section 125 of Crpc- Corresponding section 144 of BNS. 

• Right to Protection from Domestic Violence: Women in live-in relationships are entitled to protection against domestic violence under the Domestic Violence Act, 2005.

• Property Rights

• Rights of children, Etc. 

The concept of live-in relationship is relatively a substantive concept. The idea occupies a unique line between social standards and legal recognition. Although the judiciary has made strides in defending the rights of people in these kinds of partnerships, comprehensive laws and public acceptability are still developing. It is essential to address the difficulties couples have and make sure their rights are protected as the legal system develops. Ultimately, live-in relationships are a personal choice, and their legality should help to promote equality, autonomy, and respect for all individuals involved.