02,Jan 2024
A live-in relationship is generally said to living together without tying the knot. In India, living together before marriage was seen as a crime or offence as per the Indian culture for a long time. Previously, the Hindu Dharma preferred ‘Ekapatni Vrat’ which means ‘one man, one wife’ as one of the most holy forms of matrimony, but now people have started to evolve with time and started accepting a few refusing practices.
The live-in relationship concept is not recognized as a legal union in India like some other countries. However, the Supreme Court of India has said that a live-in relationship without tying the knot is not a criminal offence or illegal. Partners living together without marriage do not have the same legal rights just like married couples but they have legal protection under laws.
Watch the video to learn the
Rights of Live-in Partners in India!
The concept of a live-in relationship is not defined anywhere in India. It is referred to a proposal of two individuals living together with consent. It allows an individual to understand each other which helps in making an informed decision for marriage. In addition to this, an individual must also know the rights of an individual under a live-in relationship in India.
The live-in relationship has the same provisions as Section 125 (1) (a) of the Criminal Procedure Code, 1973 which deals with the right to maintenance. Section 125 (1) (a) of the Criminal Procedure Code, 1973 deals with the Right to Maintenance that states giving monetary assistance to wife, child, or parents.
As per the Supreme Court of India, a man and woman living together for an extended period are said to be married and thus they are permitted all legal rights. Section 16 of the Hindu Marriage Act says that the children are allowed to the self-acquired property of their parents.
Additionally, children have the right to maintenance as per the Criminal Procedure Code, Section 125 (1) (a), even in the case if their parents’ laws do not grant it and the live-in partners are bound to have the responsibility to care for their children even if they are no longer together.
Child custody becomes an important factor when partners end a live-in relationship. Due to the lack of special laws governing the custody rights for children born in live-in relationships; hence, such situations are handled by the courts in the same manner as marriages. The well-being of the minor is the most priority concern, and the court takes it into account while determining custody.
However, there are no laws in India specifically addressing cohabitation. In 2010, when talking about women's safety, the concept of live-in relationships was given official legal recognition. It was stated that women in live-in relationships to be protected by the domestic violence statute.
To gain an insightful view on such topics by experts, click here or subscribe to the official YouTube channel of Lloyd Law College.