Legal Rights of Partners in a Live-in Relationship in India

Relationships

Legal Rights of Partners in a Live-in Relationship in India

A contemporary partnership exists in which two consenting individuals cohabit, referred to as a live-in relationship today, a concept that was not widely accepted in earlier generations. Although this notion is gaining traction in urban India, it raises numerous inquiries regarding legal rights, protection, and societal acceptance.

Understanding the legal rights of partners in a live-in relationship in India is crucial for ensuring transparency and safeguarding the rights of individuals. This article explores the legal framework, protections, and rights associated with live-in relationships in India.

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Here’s a clear and structured overview of the Legal Rights of Partners in a Live-in Relationship in India:

✅ Legal Status of Live-in Relationships in India

  • Live-in relationships are not illegal in India.
  • The Supreme Court has recognized them under the ambit of the right to life and personal liberty (Article 21 of the Constitution).
  • However, there is no specific law that governs live-in relationships; rights are derived from judicial interpretations and existing laws.

⚖️ Legal Rights of Partners in Live-in Relationships

1. Right of Women under the Protection of Women from Domestic Violence Act, 2005 (DV Act)

  • A woman in a live-in relationship can seek protection against domestic violence (physical, emotional, economic abuse).
  • The Act recognizes relationships “in the nature of marriage.”
  • Women can claim:
    • Residence rights (stay in shared household)
    • Maintenance/monetary relief
    • Protection orders against abuse

2. Right to Maintenance

  • Under Section 125 of the CrPC, courts have allowed women in live-in relationships (of reasonable duration and stability) to claim maintenance, similar to legally wedded wives.
  • The relationship should not be “casual” or “illicit” (e.g., with a married man).

3. Legitimacy & Rights of Children

  • Children born out of live-in relationships are considered legitimate.
  • They have:
    • Inheritance rights in parents’ self-acquired property
    • Right to maintenance from both parents
  • However, they generally do not get coparcenary rights in ancestral Hindu property (as per current rulings).

4. Inheritance Rights Between Partners

  • Partners in a live-in relationship do not automatically inherit each other’s property unless named in a Will.
  • Legal heirs of the deceased partner (like parents, siblings, or spouse if married) have stronger inheritance claims.

5. Right to Protection from Harassment

  • Police cannot harass two consenting adults living together, as the Supreme Court has upheld that it is not illegal or immoral.
  • Societal disapproval does not affect the legal validity of the relationship.

6. Right to Adopt

  • Currently, unmarried couples in live-in relationships cannot jointly adopt a child under the Juvenile Justice Act.
  • However, one partner can adopt as a single parent.

📌 Key Court Judgments

  • S. Khushboo v. Kanniammal (2010): Live-in relationships are not an offense.
  • Indra Sarma v. V.K.V. Sarma (2013): Explained what qualifies as a “relationship in the nature of marriage.”
  • Tulsa v. Durghatiya (2008): Children from live-in relationships are legitimate.

⚠️ Limitations

  • No automatic right to property inheritance between partners.
  • No legal recognition equal to marriage.
  • Social stigma still exists despite legal acceptance.