Are Live-In Relationships Legal in India?

Live-in relationships have slowly grown and become more prevalent in the Indian society. Couples often choose to spend some time together to check their compatibility before entering into a marital bond.

Considering couples in live-in relationships can choose to separate without the state’s intervention, it is quite often deemed as an excellent option to evaluate the potential relationship between two individuals. Besides, in a country where separation and divorce are so frowned upon, people prefer to make more well-informed decisions about their marriage by spending time in a live-in relationship than having to bear the society’s backlash for separating after marriage.

Legality of Live-in Relationships

Live-in relationships are not illegal in India as there are no laws that explicitly address such relationships in the country. As such, the Supreme Court has broadened the concept of live-in relationships through different judgements and has laid down certain regulations that must be kept in mind when handling such matters.

The following are some key judgements that have helped the Supreme Court develop an understanding and, thereafter, regulations for addressing live-in relationship matters.

• Badri Prasad vs. Dy. Director of Consolidation (1978): The Supreme Court ruled that live-in relationships between two consenting adults shall be considered legal if key requirements of marriage, like legal age, consent, having a sound mind, etc. are met. It added that no rule permits a couple from doing so in the country. This was the first ruling where the apex court deemed live-in relationships to be legal in India.
• Indra Sharma vs. V.K. Sharma (2013): During this case, the Supreme Court defined certain key factors that must be kept in mind when determining whether a live-in relationship falls under the scope of ‘relationship in the nature of marriage’ under the Act.
• Lata Singh vs. State of U.P. (2006): The Supreme Court stated that although considered unethical, live-in relationships are not illegal under Indian laws.
• S. Khushboo vs. Kanniammal and Anr (2010): The apex court held that living together was protected by Article 21 of the Indian Constitution, which grants everyone the right to life and personal liberty. Thus, although unethical by society standards, live-in relationships are not illegal in India.
• Indra Sarma vs. VKV Sarma (2013): In this case, the Supreme Court stated that if both partners are unmarried and mutually get into a live-in relationship, it shall not be considered as an offense.
• Abhijit Bhikaseth Auti vs. State of Maharashtra and Anr (2009): The Supreme Court held that under Section 125 of the Code of Criminal Procedure (CrPC), a woman is not mandated to prove her marriage to seek maintenance. This judgement also showcases the judicial system’s liberal and contemporary stance.
• A similar judgement was passed in the case of Badri Prasad vs. Dy. Director Consolidation (1978) and in SPS Balasubramanian vs. Suruttayan (1993), where the apex Court held if a man and a woman have been living together for a long period of time, they shall be considered legally married until they prove that they are not. A child born from such relationships shall have the right to inherit their parents’ assets.
• Ajay Bhardwaj vs. Jyotsna (2016): As per the judgements of this matter, Section 125 of the CrPC was instituted to safeguard a wife/minor/children/old age parents from being homeless and facing destitution. The same was extended through the judiciary’s interpretation to the partners in live-in relationships as well.

According to the recommendations of Justice vs. Malimath Committee Report, 2003 and several other judgements that followed, a female that has been in a relationship for a significant period should have the same privileges as a spouse and can claim maintenance under Section 125 CrPC.

As per Section 114 of the Indian Evidence Act, 1872, courts may presume the existence of any fact that it thinks is likely to have happened, with respect to the usual process of natural events, human conduct as well as public and private business, in relation to some facts of a specific case. As such, when a man and a woman live together for a long period of time as a couple, they may be assumed to be married.

Children born from a Live-in Relationship: Legality & Rights

Any child born from void or voidable marriages are deemed legal under Section 16 of the Hindu Marriage Act, 1955 and Section 26 of the Special Marriage Act, 1954. Such children are only eligible to inherit their parents’ properties. They do not have any joint ownership rights in the assets of Hindu undivided family and are, therefore, not eligible to claim any rights on the ancestral property of their parents.

Children born from live-in relationships were deemed to be legally valid in the matter of S.P.S. Balasubramanyam vs. Suruttayan. As per the apex court, if a couple resides in the same house for a significant amount of time, it shall be presumed, under Section 114 of the Indian Evidence Act, 1872, that they are married. As such, their child shall be considered legitimate and be eligible to inherit a part of the parents’ assets.

The Supreme Court, in Bharatha Matha vs. Vijaya Renganathan (2010), deemed children born from live-in relationships to be eligible to inherit their parents’ property. It held that a child born from such relationships cannot be deemed illegal if the relationship has lasted for a significant period.

Right to a Visa in a Live-in Relationship

While hearing the case of Svetlana Kazankina vs. Union of India (2015), the apex court addressed the request of permitting an Uzbekistan national, who was in a live-in relationship with an Indian man, to extend her visa. The respondents stated that the visa extension was denied as such extensions are only granted on certificates of marriage and not in case of live-in relationships. The Court highlighted that the regulations that permit foreign nationals married in India to extend visas were laid down with the aim that such couples would be able to enjoy friendship, love and devotion. It added that live-in relationships should not be denied visa extensions as they have become a part of life’s reality as well.

Conclusion

Live-in relationships are not illegal in India. Individuals in such relationships are allowed to do whatever they want and live however they feel is best, subject only to the fact that their actions do not harm others anyhow.