LIVE IN RELATIONSHIPS: AN EVOLVING CONCEPT
ADV. MUGDHA V. RAUT
INTRODUCTION
The concept of live- in relationship is an ever-evolving topic and an idea in our society. What was once considered a foreign concept has slowly gained some level of acceptance, though it remains controversial. The shifting attitude towards live-in relationships in India is reflected in the evolving legal scenarios surrounding them.
A live-in relationship is one where romantically involved partners choose to live together without legally marrying. Unlike marital relationships, live-in relationships do not fall under a governed legal framework within Indian personal laws. Previously, such relationships were stigmatized in India and considered morally incorrect. However, with the advancement of social values and increasing urbanization, their frequency has risen. Over the years, live-in relationships have received legal approval in matters concerning protection of rights, maintenance, and domestic violence.
Unlike in some other countries, live-in relationships are not legally equated with marital relationships in India. However, courts have upheld their validity in several cases, particularly under the Protection of Women from Domestic Violence Act, 2005, where women in live-in relationships can seek legal protection against abuse. Despite these legal considerations, live-in relationships remain in a grey area regarding property rights, inheritance, and succession laws.
In a landmark legal development, the Rajasthan High Court recently ruled that live-in couples must enter into a legally binding agreement specifying the terms of their relationship. This ruling aims to introduce clarity and formality, minimizing potential conflicts regarding financial rights, responsibilities, and commitments. The decision represents a step toward granting live-in relationships a formal status, similar to marriage or civil unions under other legal frameworks.
JUDGMENTS RECOGNIZING LIVE-IN RELATIONSHIPS
Live-in relationships in India have evolved significantly in legal discourse, primarily through judicial pronouncements rather than legislative enactments. Several Supreme Court rulings have shaped the legal status of live-in relationships in India. Indian courts have played a crucial role in recognizing and defining the legal status of live-in relationships.
In Payal Sharma v. Nari Niketan (2001), the court agreed that two consenting adults have the right to live together without marriage, paramount issues of liberty and personal choices. Similarly, in Lata Singh v. State of Uttar Pradesh (2006), the Supreme Court reaffirmed that live-in relationships are legally permissible and not criminal and rested the judicial affirmation on the ground of the fundamental right of adults to cohabit without societal interference.
However, not all live-in relationships are given legal protection. In D. Velusamy v. D. Patchaiammal (2010), the court clarified those only relationships like marriage—popularly known as “relationships in the nature of marriage”—are eligible for relief under the Protection of Women from Domestic Violence Act, 2005. Building from there, Indra Sarma v. V.K.V. Sarma (2013) listed relevant factors including time, societal acceptability, economic settlement, and the intention to live together as a couple for the court to decide if a live-in relationship would fall under legal protection. However, recent cases have brought attention to the vulnerabilities in such relationships. The Aaftab Amin Poonawala v. State Govt of NCT of Delhi (2024) case, which involved the alleged murder of Shraddha Walkar by her live-in partner, exposed critical legal and social concerns. This case brought to the forefront the need for stronger legal protection for individuals in live-in relationships, the need to protect personal data and privacy during criminal investigations, and the plight of interfaith and live-in couples under societal pressures and inadequate legal safeguards. These judicial developments show how the legal landscape of live-in relationships in India is changing and how more structured legal protections are needed.
LEGAL PROVISIONS
Several legal provisions in India concern live-in relationships, which offer some amount of recognition and protection. The Hindu Marriage Act, 1955, is basically a legislation on registered marriages, but courts have commonly interpreted such legislation to allow women living in live-in relationships to claim maintenance if the women can demonstrate that their relationship with their partners was akin to marriage. The Protection of Women from Domestic Violence Act, 2005, is one of the most important legal protections. It clearly encompasses live-in relationships under “relationships in the nature of marriage” and offers protection to women against domestic violence, financial abandonment, and emotional abuse. In addition, The Protection of Women from Domestic Violence Rules, 2006 deals with some additional procedures for seeking protection orders, residence rights, and monetary reliefs for women in such relationships. The Protection of Women from Domestic Violence (Amendment) Act, 2013, reinforced these provisions by formally including live-in relationships within the definition of a domestic relationship, thereby ensuring that women in such arrangements are entitled to the same legal safeguards as married women facing domestic abuse.
The Indian Penal Code, 1860also deals with certain issues of live-in relationships, especially on issues of rape, adultery, and bigamy, where criminal liability is liable to accrue based on the nature of the relationship. Though these laws do afford some sort of recognition and protection under the legal framework, live-in relationships in India remain apart from the traditional kind of marriage and legally protected through rights to women and by prevention of domestic violence rather than an all-inclusive legal system.
RECENT DEVELOPMENTS
While marriage in India is governed through personal laws, live-in relationships have been recognized merely as a matter of rulings by courts rather than a well-structured framework. Uttarakhand has recently implemented the Uniform Civil Code or UCC which could bring much-needed clarity and uniformity for bringing equal rights and obligations for live-in partners across communities.
The last recent judgment of Rajasthan High Court holds great significance in giving live-in relationships the rightful legal treatment in India. This judgment involved a couple seeking protection against harassment due to their choice of cohabiting. Instead of just providing protection, the court proactively ruled by introducing the requirement for a formal contract and registration for live-in relationships. The judgment highlights a lack of defined legal framework and guidelines for these relationships, where financial matters are usually disputed alongside property ownership and maintenance, followed by child care.
The court noted that live-in relationships, though legally approved through previous judgments, could only expose those in them, especially women and children, to vulnerability by their partner when he abandons or both parties are in disputes. In this regard, the court ruled that live-in couples must have a contract indicating their financial responsibilities, maintenance provisions, and childcare arrangements. It is a legally enforceable document to ensure accountability and minimize future conflicts. The court also recommended the formation of a government authority or tribunal responsible for the registration of live-in relationships, monitoring, and dispute resolution. The court also proposed a dedicated web portal for registration and grievance redressal so that legal remedies can be easily accessed.
Advocating for contractual obligations and official registration, the Rajasthan High Court aims to balance personal liberty with legal security. An important question this decision raises is regarding the enforceability factor, societal acceptance, and whether such a mandate infringes upon individual rights. Although this judgment has been aimed to save partners from exploitation financially as well as emotionally, only time will tell if the ruling has a successful practical application and withstanding the judiciary test in future.
GLOBAL SCENARIO
Legal treatment of live-in relationships varies across countries, with many jurisdictions acknowledging cohabiting couples by formal agreements or laws that offer protections to them.
In the United States and the United Kingdom, cohabitation agreements allow partners to outline financial responsibilities, property rights, and mechanisms for dispute resolution. These agreements are legally enforceable and help prevent conflicts in case of separation.
France provides a stable legal framework that the Pacte Civil de Solidarité has offered to give cohabiting couples legal status, similar in rights and obligations to marriage: taxation, owning property, or inheritance.
Sweden and Norway have some of the most progressive laws, allowing live-in couples to enjoy nearly all the legal protections of married spouses. The rights include shared property ownership, maintenance obligations, and inheritance rights, which secure financial security and stability for both partners.
CONCLUSION
Live-in relationships in India have witnessed a sea change from being socially stigmatized to judicial recognition and limited legal protection. Even so, the absence of a complete legal framework makes many aspects of such relationships—such as property rights, inheritance, and financial obligations—remain unaddressed. Courts have played a vital role in carving out the legal landscape, but legislative intervention is required to make it clear and secure for people in such relationships.
In contrast, the decision of the Rajasthan High Court last week, emphasizing formal agreements and registration, was a step towards legal recognition but is still quite uncertain in practice and societal terms. Many other countries have more successfully integrated the concept of live-in relationships within their legal system, ensuring a stable financial system and protection of partners.
The demand for a formal legal framework will continue to grow as live-in relationships become increasingly common in India.Future legal development should focus on balancing personal autonomy with legal safeguards so that no one is left vulnerable because of the lack of legal safeguards, including females and children. Whether through contractual obligations, uniform legislation, or alternative legal recognition, India must evolve its approach to live-in relationships to reflect the changing social dynamics while upholding fundamental rights and protections.