Live-in relationships were once a social taboo in India, but the legal landscape has changed dramatically. While there is no specific "Live-in Relationship Act," the Supreme Court has provided various protections through its judgments. This 1000-word guide explores the rights of women and children in such arrangements.
1. Is it Legal?
The Supreme Court has repeatedly held that two consenting adults living together is not an offense. It is a part of the "Right to Life" under Article 21. As long as the partners are of legal age and are not already married to someone else, the law recognizes their right to cohabit.
2. Right to Maintenance (Domestic Violence Act)
The Protection of Women from Domestic Violence Act (PWDVA), 2005, recognizes "relationships in the nature of marriage". This means:
- A woman in a long-term live-in relationship can claim maintenance (Alimony) from her partner if they separate.
- She can seek protection orders against physical or mental abuse.
- She has a right to reside in the "shared household."
3. The "Long Term" Requirement
Not every weekend stay-over is a live-in relationship. The courts look for:
- The couple portraying themselves to society as husband and wife.
- A significant period of cohabitation.
- Shared financial and household responsibilities.
4. Rights of Children Born in Live-in Relationships
The law is very protective of children:
- Legitimacy: Children born from a live-in relationship are considered legitimate.
- Inheritance: They have a right to inherit the self-acquired property of both parents.
- Maintenance: They can claim maintenance from their father under Section 125 of the CrPC/BNSS.
5. Property Rights of the Woman
Unlike a wife, a woman in a live-in relationship does not have an automatic right to inherit her partner's property if he dies without a Will. She only has a right to the property that is jointly owned or if she is mentioned in his Will. This is one of the major legal differences between marriage and a live-in relationship.
Conclusion
While the law provides a safety net (especially against domestic violence), a live-in relationship does not have the same level of inheritance and social security benefits as a marriage. Knowing these distinctions is vital for anyone choosing this lifestyle.