Live-in relationships, where couples cohabit without formally marrying, are becoming increasingly common in India. While societal norms often view these arrangements with scepticism, the legal framework has gradually evolved to address the rights and obligations of individuals in such relationships. This article explores whether live-in relationships are legal in India, the rights of partners, societal challenges, and the legal provisions governing them.
What are Live-In Relationships in India?
A live-in relationship refers to a domestic partnership where two individuals cohabit without being married. These relationships are based on mutual consent and often resemble marital relationships in many ways, such as emotional and financial interdependence.
While live-in relationships are not formally defined in Indian law, judicial interpretations have provided a framework for understanding their legal status. However, societal acceptance remains a significant challenge, with many individuals facing stigma and opposition from family and community members.
Are Live-In Relationships Legal in India?
The short answer is yes, live-in relationships are legal in India. The judiciary, through various rulings, has upheld the right of consenting adults to live together without marriage. However, this legality is nuanced and depends on factors like the nature of the relationship, the age of the partners, and their consent.
Key Supreme Court Rulings on Live-In Relationships
The Indian judiciary has played a pivotal role in recognising and legitimising live-in relationships through progressive interpretations of constitutional rights. These landmark rulings highlight the evolution of legal protections and societal acceptance for such arrangements.
Badri Prasad v. Dy. Director of Consolidation (1978)
This was one of the earliest cases in which the Supreme Court acknowledged the validity of live-in relationships. The Court observed that if a man and woman cohabit for a significant period and fulfil conditions akin to a marital bond, such as mutual consent and long-term cohabitation, the relationship can be presumed as a valid marriage. This ruling was crucial in setting the stage for legal recognition of live-in relationships, particularly concerning the rights of inheritance and the legitimacy of children born out of such partnerships.
S. Khushboo v. Kanniammal & Anr (2010)
In this case, the Supreme Court upheld live-in relationships as a facet of the fundamental right to life and personal liberty under Article 21 of the Indian Constitution. The Court emphasised that consenting adults have the freedom to cohabit without societal interference. It also clarified that merely choosing a live-in relationship does not constitute a criminal offence, even if considered immoral by society. This ruling reinforced individual autonomy and the constitutional protection of personal choices.
