Family Law · Published 10 December 2022
Live-in Relationships in India: Legal Position and Challenges
Bharat Kaushik, Advocate
Indian law does not prohibit consenting adults from living together outside marriage. Beginning with Lata Singh v. State of U.P., the Supreme Court has treated such relationships as a facet of the right to life and personal liberty under Article 21, and in S. Khushboo v. Kanniammal it confirmed that living together is neither a criminal nor a civil wrong.
Protection has followed recognition. The Protection of Women from Domestic Violence Act, 2005 extends reliefs to relationships 'in the nature of marriage', and courts have awarded maintenance in deserving cases while children born of such relationships have been held legitimate for inheritance to self-acquired property.
Challenges persist: the absence of a codified framework means outcomes vary across High Courts, questions of bigamy arise where one partner is married, and social acceptance lags the law. This note, adapted from a paper presented at the International Scientific Conference of Moscow State Law University (2022), surveys the position and argues for measured legislative clarity.
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