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Legality of Live In Relationships in India by Vedant Karia

 Legality of Live-in relationships in India by Vedant Karia at LexCliq


A live-in i.e. cohabitation is a long-term or stable partnership between two people. Usually used for non-married couples.

Cohabitation is now a typical practise in the Western world. People live together for several reasons. Before marrying, some people seek to prove compatibility or secure financial security. Some multiracial or cross marriages are not legal or permitted because they are not of the same sex. Among the other reasons are living together before marriage to avoid divorce, avoiding higher income taxes for some two-income married couples (in the US), negative effects on pension payments (for the elderly), philosophical opposition to the institution of marriage, and seeing little distinction between the dedication to live together and the commitment to marry. Some people choose cohabit because they believe their relationships are too personal to be governed by political, religious, or patriarchal organisations.

In India, the legality of live-in relationships is a subject of considerable debate. In spite of the fact that there is no legislation in India defining live-in relationships, the judiciary has shown no aversion to the concept. As a result, even though it is becoming increasingly common, no legal protections are provided to couples because the state does not recognise the relationship as such. The subject presents a conundrum for the couple and is frequently cited as a barrier to obtaining social security benefits.

For centuries, cohabitation was illegal in India. This is no longer true in cities, but is still prevalent in conservative rural communities. This is in accordance with the 2005 Protections of Women and Domestic Violence Act.

In October 2008, the Maharashtra Government approved a proposal that a woman living with her husband for a ‘reasonable period' should be treated as a wife. The facts and circumstances of each case decide whether a period is ‘reasonable'.

To be a ‘wife', a woman must be married or in a live-in relationship, according to the National Commission for Women's recommendation to the Ministry of Women and Child Development on June 30, 2008. The recommendation sought to harmonise laws protecting women from domestic violence and to equalise the status of live-in couples with legally married couples. As stated by the Justice Malimath Committee, “a man and a woman living together as husband and wife for a fair period of time shall be judged to have married.”

The Right to Maintenance under Section 125 of the Cr.P.C.

The term ‘palimony’ is commonly used to refer to maintenance vis-a-vis live-in relationships. In India, Sec.125 of the Cr.P.C. pertains to the right to maintenance. This provision that got enacted to achieve social justice by aiding ‘destitute’ wives, hapless minor children and infirm parents  is now applicable to the indigent partner of live-in relationships.

Acting upon the recommendations of the Malimath Committee on Reforms of Criminal Justice System to amend Section 125 of the Cr.P.C. and alter the meaning of ‘wife’ therein, a revision was made. 

As per the current legal position, women who are were in a live-in relationship, and have subsequently been abandoned by their partner, enjoy the status of a wife.


Legal Status of Children Born Out of Live-in Relationship

Recently, in a notable judgement, the Kerala High Court recognised a child born in a live-in relationship as a child born to a married couple for adoption. 


Vedant Karia
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