- 01-Aug-2025
- Marriage and Divorce Laws
Live-in relationships, where two individuals live together in a domestic arrangement without formal marriage, are becoming more common in India. However, despite growing social acceptance, such relationships present various legal challenges, as the legal framework in India is primarily designed around the institution of marriage. Indian law is gradually evolving to recognize and provide legal protections for individuals in live-in relationships, but it still lacks comprehensive regulation. The legal implications of live-in relationships, particularly regarding property rights, maintenance, children, and succession, remain a grey area in Indian law.
Current Issue: Under Indian law, live-in relationships do not receive the same legal recognition as marriages, which can affect the rights of individuals involved in such relationships.
Legal Implication: The Protection of Women from Domestic Violence Act, 2005 recognizes live-in relationships as a form of domestic relationship, thereby offering protection to women in such relationships from domestic violence. However, outside of this, live-in relationships do not have the same legal status as marriage and do not automatically confer marital rights.
Current Issue: Women in live-in relationships may face challenges regarding legal protections, particularly when it comes to maintenance, property rights, and domestic abuse.
Legal Implication: Women in live-in relationships are entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC) if they can establish that they were in a stable domestic relationship, similar to a married couple. The Domestic Violence Act also allows women in live-in relationships to claim relief in cases of abuse or violence.
Current Issue: Property rights for individuals in live-in relationships are not clearly defined in Indian law, particularly with respect to shared property or inheritance.
Legal Implication: Individuals in live-in relationships do not have automatic property rights unless they can establish their relationship and contributions to the property. Property disputes may arise, particularly when one partner dies without a will, as the surviving partner does not have legal claim to the deceased partner's assets. The absence of legal recognition makes it difficult for surviving partners to claim property rights under Indian succession laws.
Current Issue: In cases where the relationship ends, there are often disputes regarding financial support, especially if one partner is financially dependent on the other.
Legal Implication: Under Section 125 of the CrPC, women in live-in relationships may claim maintenance if they have been deserted by their partner, provided the relationship was of a certain duration or if there was financial dependency. However, the duration and circumstances of the relationship play a significant role in determining maintenance rights. Men in live-in relationships, however, do not have the same automatic right to claim maintenance.
Current Issue: The legal status of children born from live-in relationships has often been questioned, especially concerning their rights to inheritance and other legal protections.
Legal Implication: Children born out of live-in relationships are considered legitimate under Section 16 of the Hindu Marriage Act, which grants them the right to inherit their parents' property, even if the parents were not married. However, the legal recognition of these children’s rights in live-in relationships may still depend on the nature of the relationship and proof of paternity.
Current Issue: Individuals in live-in relationships do not have automatic inheritance rights unless they are legally married or have a will that explicitly states otherwise.
Legal Implication: In the absence of a marriage certificate or legal documentation, a partner in a live-in relationship may not be entitled to inherit the deceased partner's property. However, a surviving partner can challenge the inheritance in court, but this can be a lengthy and complicated process, with no guaranteed success.
Current Issue: While domestic violence against women in live-in relationships is legally recognized, the absence of formal marriage often complicates matters of legal recourse.
Legal Implication: The Protection of Women from Domestic Violence Act provides legal protection to women in live-in relationships, enabling them to seek relief in cases of physical, emotional, or sexual abuse. However, the burden of proving the nature of the relationship and establishing the domestic nature of the violence can still present challenges for women in live-in arrangements.
Current Issue: Under Indian law, the concept of adultery typically applies to married couples, leading to ambiguity in the case of live-in relationships.
Legal Implication: The Indian Penal Code (IPC) criminalizes adultery, but this applies only to married individuals. There is no specific provision under Indian law for adultery or sexual offenses within live-in relationships, which may leave individuals in such relationships vulnerable to exploitation or abuse.
Current Issue: Live-in relationships often lack formal legal recognition, which complicates matters related to legal rights, social security, and legal documentation.
Legal Implication: In the absence of formal recognition, individuals in live-in relationships may face difficulties in obtaining legal documentation, such as joint property ownership, social security benefits, or medical insurance, which are typically available to legally married couples. The lack of recognition can also affect the ability to make decisions on behalf of a partner in cases of medical emergencies or other legal matters.
In 2015, the Supreme Court of India recognized live-in relationships under the Domestic Violence Act, ruling that women in such relationships are entitled to the same protection from domestic abuse as women in married relationships. The court also ruled that live-in relationships of reasonable duration could be equated to marriage in terms of rights to maintenance and protection. However, the court also emphasized that the relationship should be proven to be genuine and long-lasting.
The legal status of live-in relationships in India is still a work in progress. While there have been some positive developments, especially regarding women's rights in live-in relationships, significant gaps remain in terms of property rights, succession, inheritance, and legal recognition. Reforms in Indian law are needed to ensure that individuals in live-in relationships are provided with clear legal protections and rights, particularly concerning maintenance, property, and inheritance. For now, while some protections are in place, individuals in live-in relationships must navigate a complex legal landscape with limited rights compared to married couples.
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