Is Live-In Relationship Legal in India?
Legal Status of Live-in Relationships
Live-in relationships, defined as two adults cohabiting without formal marriage, are not explicitly addressed by Indian statutes. However, the judiciary has recognized such relationships under the constitutional right to life and personal liberty.
Key Judicial Pronouncements:
S. Khushboo v. Kanniammal & Anr. (2010): The Supreme Court held that living together is a right to life under Article 21 of the Indian Constitution, and thus, a live-in relationship cannot be considered illegal or unlawful.
Badri Prasad v. Dy. Director of Consolidation (1978): The Supreme Court acknowledged that a live-in relationship between consenting adults is permissible under Indian law if the conditions for marriage, such as the legal marriageable age, consent, and soundness of mind, are satisfied.
Lata Singh v. State of U.P. (2006): The Supreme Court clarified that while live-in relationships may be considered immoral, they are not illegal.
Rights of Individuals in Live-in Relationships
1. Protection Under Domestic Violence Act, 2005
Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, defines a "domestic relationship" as one between two persons who live or have, at any point of time, lived together in a shared household when they are related by consanguinity, marriage, or through a relationship in the nature of marriage. This provision extends protection to women in live-in relationships, including rights to residence, maintenance, and protection from domestic violence.
2. Legitimacy of Children
The Supreme Court, in Kattukandi Edathil Krishnan & Another v. Kattukandi Edathil Valsan & Others (2022), ruled that children born to partners in live-in relationships can be considered legitimate, provided the relationship is long-term and not of a transient nature. The Court emphasized that the law presumes in favor of marriage and against concubinage, thereby granting legitimacy and inheritance rights to children born in such relationships.
Limitations and Social Considerations
While live-in relationships are legal, certain limitations and social considerations apply:
Religious and Personal Laws: Individuals governed by personal laws, such as Muslims, may face restrictions. For instance, the Allahabad High Court in 2024 held that a married Muslim individual cannot claim rights in a live-in relationship, citing that such unions are not supported under Islamic law.
Recognition of Rights: The rights of individuals in live-in relationships may not be as clearly defined or protected as those in formal marriages, leading to potential legal ambiguities.
Social Acceptance: Despite legal recognition, live-in relationships may not be widely accepted in all segments of Indian society, potentially leading to social stigma or familial disapproval.
Conclusion
In summary, live-in relationships are legal in India and are protected under constitutional rights and specific legislation like the Domestic Violence Act. However, the extent of legal recognition and protection can vary based on the nature of the relationship, personal laws, and societal norms. Individuals in live-in relationships should be aware of their legal rights and consult legal professionals to navigate any complexities that may arise.
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