The status of live-in relationships in India is something which is not very clear, as there is no particular law that categorically states about living relationships in India. I would say this is more about the consent of two adults who want to lead their life, maybe in a certain way for a certain period of time. However, the courts in India have shown a really progressive behavior and progressive attitude towards women who are living in live-in relationships. In this article, I’d like to talk about three rights that the courts in India guarantee women in a live-in relationship, ensuring their financial, emotional, and legal protection.
Legal Status of Live-in Relationships in India
There is no particular law that categorically states about living relationships in India. I would say this is more about the consent of two adults who want to lead their life, maybe in a certain way for a certain period of time. Despite the absence of specific legislation, the courts in India have shown a progressive attitude, particularly towards protecting women in live-in relationships. This progressive approach ensures that women are not left vulnerable in such arrangements and are granted specific legal rights.
Below are the three key rights that the courts in India guarantee for women in live-in relationships:
1. Right to Maintenance
The first right is the maintenance right. In the year 2003, with the recommendation of the Malimath Committee, the meaning of “wife” under Section 125 CrPC has been extended, and now it also includes those women who are living in live-in relationships. What it does is it guarantees that the financial needs of the woman will be taken care of by their partners who are not able to maintain themselves. This ensures that women in live-in relationships have financial security if they are unable to support themselves.
” The meaning of “wife” under Section 125 CrPC has been extended to include women in live-in relationships, guaranteeing their financial needs are met by their partners.”
2. Protection Against Domestic Violence
Similarly, any kind of abuse, be it emotional abuse or economic abuse or physical, mental, or sexual abuse that happens to a woman who is living in a live-in relationship, the Domestic Violence Act in India also covers that. Women can move under the DV Act even if she is in a live-in relationship with her partner and not, in a stricter sense, married to her partner. That’s the first right, though it’s presented here as the second for clarity. This provision empowers women to seek legal recourse against abuse, regardless of their marital status
” The Domestic Violence Act in India covers women in live-in relationships, allowing them to seek protection from emotional, economic, physical, mental, or sexual abuse.”
3. Property and Children’s Inheritance Rights
The second right is the right to property. After the amendment in 2005, the woman’s right to ancestral property is secured by the Hindu Succession Act. This provides her rights to ancestral and self-acquired property like a son, regardless of her marital status. So that is the second right that the courts have given to women who are there in a live-in relationship with their partners.
The third right is the children’s right to inheritance. Very recently, the Supreme Court of India has held that if a man and a woman have been living together in a live-in relationship for a very long period of time, then they’ll be considered as a married couple, and the children who are born out of that relationship will be considered as legitimate children. Such children have the right to self-acquired properties of their parents as per Section 16 of the Hindu Marriage Act.
” The Hindu Succession Act secures property rights for women in live-in relationships, and children from long-term live-in relationships are considered legitimate, with inheritance rights under Section 16 of the Hindu Marriage Act.”
Toward a Progressive and Accommodative India
These are a few of the rights that women can secure even if they are there in a live-in relationship. We hope that we move towards a more progressive India and a more accommodative India in the future. The judiciary’s forward-thinking rulings reflect a growing acceptance of live-in relationships, ensuring that women and their children are protected under the law.
FAQs About Live-in Relationships in India
1. Is there a specific law for live-in relationships in India?
There is no particular law that categorically states about living relationships in India. They are recognized as consensual arrangements between two adults.
2. Can women in live-in relationships claim maintenance?
Yes, in the year 2003, with the recommendation of the Malimath Committee, the meaning of “wife” under Section 125 CrPC has been extended, and now it also includes those women who are living in live-in relationships, ensuring their financial needs are met.
3. Are women in live-in relationships protected from abuse?
Yes, any kind of abuse, be it emotional, economic, physical, mental, or sexual abuse that happens to a woman who is living in a live-in relationship, the Domestic Violence Act in India covers that.
4. Do women in live-in relationships have property rights?
Yes, after the amendment in 2005, the woman’s right to ancestral property is secured by the Hindu Succession Act, providing her rights to ancestral and self-acquired property, regardless of her marital status.
5. Do children from live-in relationships have inheritance rights?
Yes, the Supreme Court of India has held that children born out of a long-term live-in relationship are considered legitimate and have the right to self-acquired properties of their parents as per Section 16 of the Hindu Marriage Act.
Conclusion
The status of live-in relationships in India is something which is not very clear due to the absence of a specific law, but the courts in India have shown a really progressive behavior towards women in such relationships. By guaranteeing rights to maintenance, protection from abuse, and property and inheritance rights, the judiciary ensures that women and their children in live-in relationships are not left vulnerable. We hope that we move towards a more progressive India and a more accommodative India in the future.
Anshu Pathak is a passionate writer and avid reader whose love for stories shapes her world. With a heart full of imagination, she weaves tales that resonate with emotion and depth. When she’s not crafting her next piece, you can find her lost in the pages of a novel, exploring new worlds and perspectives. At Moodframe Space, Anshu shares her creative journey, offering insights, stories, and reflections that inspire and connect with readers everywhere.