In recent years, the concept of live-in relationships has garnered increasing attention and acceptance within Indian society, reflecting broader social changes and evolving cultural norms. This shift has prompted significant discussions around the legal recognition and rights of live-in partners, particularly concerning property rights and maintenance. This blog explores these aspects without taking sides, aiming to provide a comprehensive overview of the current legal landscape for live-in relationships in India.

Legal Status of Live-in Relationships

Live-in relationships are not codified under Indian law like marriages, but the judiciary has progressively acknowledged such arrangements under certain conditions. The Supreme Court of India has ruled that if a man and a woman “lived like husband and wife” for a long period and had a long-term relationship, this could be considered akin to marriage under the law, particularly under the Domestic Violence Act, 2005.

Property Rights

Property rights in live-in relationships are still a gray area and largely depend on the nature of the partnership. Unlike married couples, live-in partners do not automatically have rights to each other’s property. However, if one partner can prove substantial contributions to the acquisition of the property, they might claim a share under the ‘property in partnership’ law. The Protection of Women from Domestic Violence Act, 2005 provides some relief, allowing female partners to seek protection orders and rights to a shared household.

Maintenance Rights

Regarding maintenance, the position is nuanced. Traditionally, only wives were entitled to maintenance under Hindu Marriage Act, 1955, and Section 125 of the Criminal Procedure Code. However, with changing judicial interpretations, women in long-term live-in relationships can now seek maintenance if they are unable to maintain themselves. The courts have upheld that women in live-in relationships are entitled to maintenance if the relationship is close to the nature of a marriage.

Children from Live-in Relationships

Children born from live-in relationships have legal rights as those from marriages. The Supreme Court has ruled that children born out of such relationships are legitimate, and have rights equivalent to children born out of wedlock, especially concerning inheritance. However, this legitimacy is subject to certain conditions, like the parents must have been in a live-in relationship during the child’s birth and must have been eligible to marry at the time of the child’s conception.

Legal Precedents and Cases

Various landmark judgments have shaped the current understanding and legal stance on live-in relationships. Notable among these is the D. Velusamy vs D. Patchaiammal case, where the Supreme Court outlined specific conditions under which the protection of the law would apply to female partners. Another pivotal case is Indra Sarma vs V.K.V. Sarma, where the Court recognized the woman’s right to maintenance under the Domestic Violence Act.

Conclusion

As societal norms continue to evolve, the legal framework in India is gradually adapting to the realities of modern relationships, including live-in partnerships. While there is no statutory law that directly addresses all aspects of live-in relationships, various laws and court judgments provide certain protections and rights to live-in partners. Individuals in such relationships should be aware of their legal rights and potential vulnerabilities, especially regarding property and maintenance.

This overview reflects the current legal landscape, which is subject to change as new laws are enacted and judicial decisions are made. For those in live-in relationships, staying informed about these changes is crucial to safeguarding their rights and interests.