Live-in relationships do not merit the same full legal recognition and protection as marriage under personal and secular laws in India. However, courts and legislation have gradually extended certain legal protections to partners in live-in relationships, particularly under secular and constitutional frameworks.
1. Under Personal Laws
Personal laws in India (like Hindu, Muslim, Christian, and Parsi personal laws) do not recognize live-in relationships as marriages. Rights related to:
• Inheritance
• Alimony
• Legitimacy of children
• Maintenance
are primarily available only to legally married spouses under personal laws. For example:
• Under Hindu law, marriage is a sacrament and legally recognized union; live-in partners have no such recognition.
• Under Muslim law, a nikah is necessary for spousal rights.
2. Under Secular Laws
Some secular laws have evolved to partially protect live-in relationships:
A. Protection of Women from Domestic Violence Act (PWDVA), 2005
• Recognizes “relationships in the nature of marriage”
• Offers protection to women from abuse in live-in relationships
• Grants residence rights and maintenance under certain conditions
• Courts determine if the relationship has marriage-like characteristics (shared household, duration, mutual care, etc.)
B. Legal Precedents
Indian courts have given several progressive rulings:
• Indra Sarma v. V.K.V. Sarma (2013):
• SC laid down criteria to identify a live-in relationship “in the nature of marriage”
• Stated that not all live-ins qualify for legal protection—only those resembling marriage
• Lata Singh v. State of UP (2006):
• Live-in relationship between consenting adults is not illegal
• Tulsa & Ors. v. Durghatiya & Ors. (2008):
• Children born from long-term live-in relationships are legitimate and can inherit
• S. Khushboo v. Kanniammal (2010):
• Live-in relationships fall under Article 21 (right to life and liberty)
3. Gaps and Limitations
Despite progress, live-in couples are not equivalent to married couples in several ways:
• No automatic inheritance rights (except in specific judgments)
• No tax benefits, joint property rights, or spousal privileges
• Children’s legitimacy still debated in personal law contexts
• Social stigma and moral policing continue to affect live-in couples, especially in rural or conservative areas
In India, live-in relationships are not legally recognized as marriage, but they are not illegal either. While partners in live-in relationships don't have the same rights as married couples, they are afforded certain legal protections, particularly under laws like the Protection of Women from Domestic Violence Act, 2005. The Supreme Court has recognized that women in live-in relationships can seek maintenance under the PWDVA, and children born from such relationships have inheritance rights.
Live-in relationships should have the same legal recognition and protection as marriage because they involve committed partnerships, often with shared responsibilities and financial dependence. Legal protection ensures that individuals in such relationships have rights regarding property, inheritance, and custody. In many countries, the law is evolving to acknowledge these relationships, especially when they resemble marriage in duration and stability. Secular law, focused on equality, should treat both equally, as it helps protect vulnerable individuals. Legal recognition would also provide clarity in case of disputes. However, cultural and societal norms sometimes impact the pace of legal changes.
Live-in relationships should have the same legal recognition and protection as marriage because they involve committed partnerships, often with shared responsibilities and financial dependence. Legal protection ensures that individuals in such relationships have rights regarding property, inheritance, and custody. In many countries, the law is evolving to acknowledge these relationships, especially when they resemble marriage in duration and stability. Secular law, focused on equality, should treat both equally, as it helps protect vulnerable individuals. Legal recognition would also provide clarity in case of disputes. However, cultural and societal norms sometimes impact the pace of legal changes.
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