Live-in relationship laws in India: All your questions answered
Live-in relationships have been a subject of debate and controversy in India, raising numerous questions about partners' rights, legal status, and entitlements. Let's delve into the details and clarify the key aspects.
Recent ruling
The Allahabad High Court's recent ruling stated that individuals below the age of 18 cannot engage in a live-in relationship, deeming it not only immoral but also illegal.
The judgment came during the dismissal of a petition filed by a 17-year-old boy, Ali Abbas, and his 19-year-old live-in partner, Saloni Yadav.
The petition aimed to quash the FIR filed against the boy by the girl's parents, who had accused him of abduction.
The High Court's judgment
The court also claimed that there are many conditions for live-in relationships, and clearly, both of them being major is one of them.
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Understanding live-in relationships
Legally, a live-in relationship refers to an arrangement where two romantically involved individuals cohabit without being married.
It grants couples the benefits of living together without the legal obligations and formalities of marriage, allowing them to make decisions together and share responsibilities freely.
Legality of live-in relationships in India
Live-in relationships are not officially recognized by the Indian government, meaning there are certain rights exclusive to married couples.
However, the Supreme Court ruled in 2010 (Khushboo vs Kanniammal) that such relationships are neither illegal nor immoral, and consenting adults have the right to cohabit without marriage.
Recognition of long-term live-in relationships
In the case of D Velusamy vs D Patchaiammal in 2015, the Supreme Court acknowledged that a long-term live-in relationship could be considered a valid marriage under specific circumstances.
However, the exact criteria and duration for such recognition were not explicitly defined in the judgment.
Rights of live-in partners
As a live-in partner, you have certain rights, including protection against domestic violence, the right to maintenance (referred to as Palimony), access to shared household, legitimacy claims for children, and visa extension rights.
Claiming maintenance in live-in relationships
Live-in partners can claim maintenance (Palimony), and courts have ruled in favor of this entitlement in various judgments. If a man deserts his live-in partner or refuses to maintain her, she is entitled to seek maintenance.
Marriage status before entering live-in relationships
According to judgments, two consenting adults can live together in a live-in relationship, even if one or both of them are married to someone else, provided all parties involved are aware of the situation.
Although not universally accepted socially, courts do not consider it a criminal offense, and the married spouse can file for divorce (adultery is no longer a criminal offense).
READ MORE: Our Vedas permitted live-in relationships