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Does Indian Law Recognize Live-in Relationships?
More information on the topic, Does Indian Law Recognize Live-in Relationships?
What is a Live-in Relationship?
A live-in relationship is when two consenting adults live together in a long-term arrangement resembling marriage, but without formally registering or solemnizing it.
Is It Legally Recognized in India?
While live-in relationships are not formally recognized as marriage, Indian courts have upheld them as valid under certain circumstances — particularly when the relationship is stable, voluntary, and long-term.
There is no separate statute governing live-in relationships, but judicial precedents and certain laws extend protections, especially for women.
Legal Rights of Women in Live-in Relationships
Indian law has evolved to protect women in live-in arrangements. Courts have granted:
- Right to residence in the shared household
- Protection from domestic violence
- Right to maintenance under certain conditions
- Custody rights for children born out of live-in relationships
Protection Under the Domestic Violence Act
The DV Act, 2005, covers relationships “in the nature of marriage.” This includes live-in partners if the relationship is stable and resembles marriage.
Women in such relationships can seek:
- Protection orders
- Residence orders
- Monetary relief and maintenance
Property, Maintenance & Inheritance Issues
Property jointly acquired during the relationship can be contested in civil courts. However:
- No automatic right to ancestral property of the partner
- Maintenance may be granted if dependency and domesticity are proven
- Children from such relationships have inheritance rights in the self-acquired property of both parents
Supreme Court & High Court Views
Several judgments have shaped the recognition of live-in relationships:
- Indra Sarma v. V.K.V. Sarma (2013): Defined parameters of “relationship in the nature of marriage”
- Khushboo v. Kanaimmal (2010): Supreme Court upheld adult choice to live together
- Lata Singh v. State of UP (2006): Emphasized freedom of choice in cohabitation