This article is written by Gauri Gupta, Second year student at Faculty of Law, University of Delhi.
Live-in relationships have gained popularity in India in recent years. A live-in relationship is a type of relationship where a couple lives together without getting married. This form of relationship is often preferred by couples who want to get to know each other better before making a commitment to marriage. However, the concept of live-in relationships is still relatively new in India and has raised several legal and social issues. In this article, we will explore the legality of live-in relationships in India.
The concept of live-in relationships in India is not recognized by law. The Indian legal system only recognizes marriage as a valid form of relationship. Therefore, live-in relationships do not have any legal standing in India. However, the Supreme Court of India has recognized live-in relationships as a valid form of relationship in several cases.
One of the most important cases in this regard is the case of Indra Sarma vs V.K.V. Sarma. In this case, the Supreme Court held that a live-in relationship can be considered as a valid marriage under certain circumstances. For example, if a couple has lived together for a long time and has been treated as husband and wife by their family and society, their relationship can be considered as a marriage. The court also held that if the couple has children together, then the relationship can be considered as a marriage.
Another important case in this regard is the case of D. Velusamy vs D. Patchaiammal. In this case, the Supreme Court held that a live-in relationship can be considered as a valid marriage if the couple has lived together for a long time and has been treated as husband and wife by their family and society. However, the court also held that if the relationship is of a nature where either of the parties has entered into it for personal gain or profit, it cannot be considered as a valid marriage.
The Indian society has traditionally been conservative, and live-in relationships are often seen as immoral and socially unacceptable. Many people believe that live-in relationships promote pre-marital sex and undermine traditional family values. However, with the changing times, people’s attitudes towards live-in relationships are gradually changing. Today, many young couples in urban areas choose to live together without getting married. This is seen as a way of exploring the relationship and getting to know each other better before making a lifelong commitment.
Live-in relationships also provide couples with greater freedom and flexibility than traditional marriages. Couples in live-in relationships can choose to stay together or separate without going through the legal formalities of divorce. This is particularly important in cases where the relationship is not working out or there is abuse or violence involved.
However, live-in relationships also have their own set of problems. One of the main issues is that there is no legal recognition or protection for the couple. In the absence of any legal framework, disputes between the couple can be difficult to resolve. For example, in case of a break-up, the property acquired by the couple during the course of the relationship may be difficult to divide. Similarly, in case of the death of one of the partners, the other partner may not have any legal right to inherit the deceased partner’s property.
Another issue is the social stigma associated with live-in relationships. Many people still view live-in relationships as immoral and socially unacceptable. This can lead to discrimination and social exclusion for couples in live-in relationships.
Conclusion:
In conclusion, live-in relationships in India are not recognized by law. However, the Supreme Court of India has recognized live-in relationships as a valid form of relationship under certain circumstances. This recognition by the Supreme Court has provided some legal protection to couples who choose to live together without getting married. However, the absence of any legal framework for live-in relationships creates several problems for couples, such as property disputes and lack of inheritance rights. Moreover, the social stigma associated with live-in relationships also poses a challenge for couples in live-in relationships.
Therefore, it is important for the Indian legal system to provide a legal framework for live-in relationships to ensure that the rights of couples in such relationships are protected. At the same time, it is also important for the society to become more accepting of live-in relationships as a valid form of relationship.
References:
- Indra Sarma vs V.K.V. Sarma, AIR 2013 SC 1049.
- D. Velusamy vs D. Patchaiammal, (2010) 10 SCC 469.
- Gupta, A. (2020, July 8). Live-In Relationship in India: Rights, Legal Status, and Social Stigma. iPleaders.
- Kamat, S. (2019, October 1). Live-in relationships: Need for legal protection. India Today.
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