What are the implications of

Live-In Relationships
and how are they different from Marriage?
@KnowLaw KnowLaw.In
India is slowly yet gradually embracing modern
ideas and lifestyles, including the concept of live-
in relationships, which challenges traditional
notions and societal practices.
A live-in relationship is a situation in which
unmarried couples live together in order to
establish a long-term relationship similar to that
of marriage. The term implies an informal
agreement between two heterosexual individuals
to live together without the involvement of
official institutions like marriage.
 Legal Status of Live-In Relationships

Court decisions have played a significant role in

changing these long-held beliefs, and it takes
time for the law to adapt to these shifts in society.
Therefore, in a constantly evolving society, it is
important for laws to be updated and not remain
stagnant.
 Legal Status of Live-In Relationships

The Supreme Court, in the case of S. Khushboo v.

Kanniammal and Anr (2010), have held that the right to life
and personal liberty guarantees the unrestricted right to
reside with one's partner or right to cohabit. Article 21 of
the Indian Constitution guarantees this fundamental right.
While a live-in relationship may be regarded sinful by more
conservative sectors of Indian society, it is not technically
illegal as it is legal in our country's eyes.
 Laws applicable on Live-In Relationships

Domestic Violence Act, 2005

In Indra Sarma v. VKV Sarma, the Supreme Court declared in 2013 that
the woman partner in a live-in relationship is protected under the
Protection of Women from Domestic Violence Act, 2005.

Section 125 of Code of Criminal Procedure, 1973

In Abhijit Bhikaseth Auti v. State of Maharashtra and Anr (2009), the

Supreme Court ruled that a woman does not need to show marriage to
claim maintenance under Section 125 of the CrPC, implying that a
woman in a live-in relationship is likewise entitled to financial aid.
KnowLaw.In KnowLaw.In KnowLaw.In

Legitimacy of a Child born out of Live-In Relationship

When a man and a woman have been cohabiting for a long

time, the law sees them as married and recognizes their
child as legitimate, according to a Supreme Court judgment
in Radhika v. State of M.P. AIR 2008. Children born from
such marriages will no longer be regarded illegitimate,
according to a Supreme Court panel chaired by Judge Arijit
Pasayat. As a result, the law prioritises legality over
whoreson or product of adultery.
 Inheritance Rights over Property

The legitimacy extends property rights to children born

from live-in partnerships as well. The Supreme Court
stated that the law presumes in favor of marriage and against
concubinage. If a man and woman have been
consensually cohabiting for a long time and have a kid,
the child cannot be denied shares in the ancestral
estates.
 Inheritance Rights over Property

The Supreme Court, in the context of Hindu Undivided

Family, held in Bharatha Matha and Anr. v. R. Vijaya
Renganathan and Ors., that children born to unmarried
couples have no legal right to inherit their parents' share of
the coparcener’s/ ancestral property owned by either
parent's ancestors. The child can only claim or ask for a
share in his/her parents self acquired property.
 How is a Live-In different from Marriage?

Recognition
Couple live together Couple live together
without being legally after getting legally
married. married.

Obligations

Live-In Relationships Marriage bestows

lack the legal obligations certain rights and
that come with marriage obligations on partners.

Termination

Such relationships can Marriage termination

easily be terminated. requires legal
proceedings.
Vi si t us at K n o wL a w. I n

LET US KNOW
YOUR THOUGHTS!
What are the implications of Live-In
Relationships and how are they different
from marriage?