LIVE IN

 Live-in relationships are legal in India, but they are not recognized by any specific act; their legal status is defined through court rulings and the interpretation of existing laws like the Domestic Violence Act. Supreme Court judgments have established that consenting adults can live together without being married, and established rights such as protection against domestic violence, maintenance for women, and inheritance for children born in these relationships. Key case laws include Lata Singh v. State of U.P., Khushboo v. Kanniammal, and Indra Sarma, which have affirmed these rights. 

Key aspects of the legal status
  • Not a criminal offense: The Supreme Court has clarified that a live-in relationship between consenting adults is not a crime.
  • Legally protected: These relationships are protected under Article 21 of the Constitution, which grants the right to life and personal liberty.
  • Rights and protections: While not a marriage, the law provides protections through other statutes:
    • Domestic Violence: The Protection of Women from Domestic Violence Act, 2005 applies, as the term "domestic relationship" includes a "shared household".
    • Maintenance: Women in live-in relationships can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), which has been interpreted by courts to include them, as clarified by sources like LSO Legal Private Limited.
    • Children's Rights: Children born in live-in relationships are considered legitimate and have rights to their parents' property (except for ancestral undivided property). 
Landmark case laws
  • Lata Singh v. State of U.P.: Held that a live-in relationship is not an offense, and a major girl is free to marry or live with anyone she chooses.
  • Khushboo v. Kanniammal: Stated that morality and criminality are not the same, and a live-in relationship between consenting adults is within their right to life.
  • Indra Sarma v. V.K. Sarma: Recognized that a "domestic relationship" includes live-in relationships and established criteria for what constitutes a relationship "in the nature of marriage".
  • Bharatha Matha v R Vijaya Renganathan & Ors: Ruled that children born in live-in relationships are to be considered legitimate, reports Indian Kanoon. 

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