What are the legal rights of live-in relationships in India?

New Delhi, Nov 19: The shocking details emerging in the Shraddha Walkar murder case has sent shockwaves across the country and it has as well put a spotlight on live-in relationships in India.

Shraddha has been denied dignity even in death, not only by her partner Aftab Amin Poonawalla but also by the society as a whole that blames her for being 'ultra-modern' and opting for live-in relationship.

Live-in relationships are becoming very popular among the youth in India. For the unversed, live-in relationship refers to an arrangement when two people involved in a romantic and sexual relationship lives together for a long-term relationship that is similar to marriage but are not tied by the sacred thread of marriage.

Often people prefer live-in relationships to test their compatibility before binding themselves together in marriage. It also provides a better opportunity for them to understand each other. However, in India, live-in relationships is highly looked down upon and are not socially acceptable but they have never been prosecuted under any law, according to a report by Legal Services India.

Nevertheless, the judiciary system in India has time and again intervened and granted respite to couples in a live-in relationship, upholding the individual's right to liberty.

Live-in relationships in India
In the landmark case of South Indian actress, Khushboo v. Kanniammal, the Supreme Court of India held that a living relationship comes within the ambit of Right to Life under Article 21 of the Constitution of India. The Court further held that live-in relationships are permissible and the act of two major living together cannot be considered unlawful or illegal, according to a report by According to iPleaders, a blog site.

Reiterating the same, in Indra Sarma v. V.K.V. Sarma case, the Supreme Court laid down the conditions for live-in relationships that can be given the status of marriage.

In another case, Madan Mohan Singh v. Rajni Kant, the apex Court held that, the live-in relationship if continued for a reasonably long period of time, cannot be termed as a 'walk-in and walk-out' relationship and that there should be a presumption of marriage between the parties living in such live-in relationship. By such approach of the Court, it can be concluded that the Court is in favor of creating a long-term living relationship as a marriage rather than giving or making it a new concept like a live-in relationship.

In the last two decades, various High Courts and Supreme Court of India have reiterated in several judgments that the 2005 Act applies to those in live-in relationships. Let us now learn what the law says about protection of Live-in Partners in India

Maintenance of the female partner
Section 125 of the Criminal Procedure Code, the act offers a legal right to maintenance to the female partner both in and out of marriage. She can seek maintenance under section 20(3) of the Protection of Domestic Violence Act of 2005.

Domestic violence
A woman is also entitled to protection from domestic violence under section 20(3) of the Protection of Domestic Violence Act of 2005. Therefore, a woman can file a domestic violence case against her live-in partner and can pursue Criminal as well as Civil remedies.

Child born out of live-in relationship
Like a woman partner in a live-in relationship is entitled to maintenance under section 125, a child born out of such relationships is considered to be a legitimate child and is also entitled to receive maintenance from his/her father. Before 2010, it children were considered 'illegitimate' for legal purposes. And in case, if the female partner decides to marry someone else, the maintenance of the child continues. It should be noted that live-in couples are not allowed to adopt kids as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority.

Inheritance rights

The Hindu Marriage Act, 1955, section 16 talks about inheritance rights of children and provides the legal status of legitimacy of a children (born out of marriage or live in) for the sole purpose of inheritance. Hence, the children born out of a live-in relationship are also granted inheritance rights. These rights are applicable to both ancestral and self-bought properties.

While the law recognises live-in relationship, the need of the hour is to create awareness of the psychology of abuse against victims of gendered violence, create a safe space for them to share their traumas.

{quiz_978}