From Social Taboo to Legal Necessity: The Urgent Need for Live-In Relationship Laws

India is well known for its long standing traditions and family centric structure . In this transformative world India is significantly witnessing transformation in Personal and in intimate relationships. In recent decades a significant changes has been noticed in urban and semi urban areas that is the concept of live in relationships . This shift reflects changing mindset of society and increased autonomy in personal choices . However despite the societal attitude India’s legal framework remains silent on the subject . In the absence of laws governing live in relationship creates a space of uncertainty where the rights of partners specially women and their children are unprotected. This article explores the need for legislation in India regarding live in relationship. Establishing law for live in relationship does not mean undermining marriage rituals but will result in protecting rights while insuring justice and upholds the value of personal liberty . 

What is live in relationship?

A live in relationship refers to a relationship in which two individuals live together under the same roof without formal marriage. In this , two individuals shares intimate life and domestic life such as household work, living expenses , emotional support without being legally married . Live in relationship is made on mutual consent means no one is pressurize in this . This framework is becoming common across the world specially among the younger population. This concept helps individual to understand their compatibility with their partners before legal recognition.

Causes of live in relationship in India:

1. Urbanization- Many people have moved to big cities in search of employment, and education , living apart from their families have provided them privacy and autonomy to live with a partner without getting married to them. 
2. Modern Thinking- As people have moved from narrow mentality to open mentality specially in urban areas. Young people don’t always follow the rules and value over their own freedom. Because of this shift live in relationship has been promoted .
3. High Cost of Marriage- Growing inflation have also expanded wedding cost and it also involve huge social expectations. To avoid these high costs and social obligations some couple prefer live in relationship over marriage.
4. Global Influence- We often see western culture in our society  , movies and social media as normal . This kind of global reach has influenced youth to adopt such practices.
5. Testing Compatibility- Couples want to know each other well before marriages so they can understand their habits , values,  and compatibility ensuring less chances of divorce later.
6. Social Media and Technology- There are many dating apps and social platforms that made it easy for people to meet and start relationships . This has also contributed in increasing live in relationships.

Issues Arising from Absence of Specific Legislation:

• Legal Uncertainty -There is no uniform definition of what qualifies as a live-in relationship, which creates confusion about the rights and obligations of partners.
• Property and inheritance issue -In the absence of clear laws, partners face difficulties in claiming property rights or inheritance after the death of one partner.
• Rights of Women- Women in live-in relationships often lack legal protection against abandonment, financial exploitation, or domestic violence (except under certain interpretations of the Domestic Violence Act).
• Custody and Legitimacy of Children-Children born out of live-in relationships face uncertainty regarding legitimacy, custody rights, and inheritance.
• Social Stigma and Harassment- Without legal recognition, couples face societal discrimination and harassment from landlords, families, or authorities.
• Contradictory Judicial Interpretations- Courts have issued varied judgments, leading to inconsistency in application and uncertainty for couples.
• Misuse and Exploitation- Absence of regulation allows misuse—such as one partner denying the existence of the relationship to avoid responsibilities.
• Criminal Implications-Lack of clarity sometimes leads to wrongful charges (e.g., under adultery or cheating) due to misconceptions about live-in relationships.

Comparison with Legal Frameworks in Other Countries:

Legal framework aimed at regulating partner’s right and responsibilities. Many countries have legally recognized live in relationships offering protection and clarity then why should India remain behind it when live in relationships are already happening here. And India can learn a lot from comprehensive analysis that shows how other countries have handled it .

United States.

In United States , there are no formal laws governing live in relationships rather than they have state laws . In many states the partner gets spousal and property rights by cohabitation agreements . And in some states , partner after living together for a specific period gains legal recognition just like married couples. This practice offers legal security in property, inheritance and spousal rights  .

United Kingdom

In UK , the cohabitating couples don’t have marital rights . Although Cohabitation Rights Bill focuses on providing legal remedies in case of separation and death of a partner. But they ensures that children born out of such relationships enjoys same rights as those born to married couples , ensuring protection of minors. By entering cohabitation agreements and courts evaluate each individuals contribution while solving property disputes .

France

France has introduced the Civil Solidarity Pact (PACS)in 1999. It is Civil Union Contract between two individuals , regardless of gender which grants rights related to property, taxation and social security. Although it does not protect  all the rights of marriage. The Pact is flexible and modern that can be terminated by mutual consent.

Canada

Canada recognizes common-law partnerships, which give partners similar rights and responsibilities as married couples after cohabiting for a certain duration (generally two to three years). These rights include spousal support and inheritance benefits. Canadian law emphasizes equality and protection for partners, especially when children are involved.

Lessons for India

Not like these nations , India does not have comprehensive legislation regarding to cohabitation. In India there are no codified law that explains the rights and duties of partners . The judiciary has recognized such relationships under certain circumstances.

Other nations have explained how clarity in legal framework can safeguard children , guarantee financial stability, and stop exploitation . India can learn from PACS and de facto models to establish a fair system for safeguarding rights of individuals while allowing for individual choice .

Unambiguous legal structure will bring clarity, reduce litigation and uphold constitution al values of equality and dignity in personal relationships.

Indra Sarma v. V.K.V. Sarma (2013) 15 SSC755

In this case , the couple was in 18 years of live in relationship but the man was already married . And when the women claimed protection of women under Domestic Violence Act 2005, the Supreme Court denied the recourse , stating that such relationships could not be treated same as marriage. The ruling made it clear that the Act is applicable only to those relationships in which both the individual are unmarried.

The ruling is crucial because while the court showed sympathy for women but also specified that such relationships cannot be accorded legal recognition. The court highlighted that  parliament needs to take  step to create legislation for women who left  in vulnerable situations . This case shows legal vacuum that how the women in long term relationship are denied for maintenance , protection from abuse , or inheritance rights specially when one partner is married . In the absence of clear legal framework, court interpret such cases individually leading to uncertainty and injustice.

Need for comprehensive legislation in India:

Due to rapid urbanization, In India live in relationship is no longer a rare phenomenon. But absence of clear legal framework is creating ambiguity and exploitation offering many social and legal problems . A comprehensive legislation is required to solve these problems while ensuring individual liberty .

Current Legal Position and Its Limitations-

In India there are no uniform laws governing live in relationship. The courts have shaped some implementations but they lack statutory backing . The Supreme court and several High courts upheld that live in relationships are neither unlawful or immoral . The Domestic violence Act (2005) protects women in live in relationship from domestic abuse because law still acknowledge their relationship as if it is like marriage.

Court held that children born out of such relationships are legitimate but there is no clear framework on custody , guardianship and inheritance rights . A law should safeguard children from being left in legal limbo.

Conclusion 

The live in relationship has raised the tension between tradition and modernity. As the Society is adapting ideas of companionship and individual freedom and the court have taken progressive step but in the absence of clear legal framework this has lead to  scattered and inconsistent protection. 

In the absence of clear legal framework , the partner specially women are left in vulnerable situations and children born out of such relationships also suffer from ambiguity in matter of inheritance, legitimacy and social recognition. Hence the delay in legal recognition reveals India’s struggle to balance tradition with modern realities .There is apprehension that legislation might encourage live in relationships but law so not encourage or discourage social practices but they regulate them to prevent justice. Since there is no clear laws defining the rights and duties of partners leading to ambiguity and inconsistency.

Now the time has come for India to move from judicial to legislation foresight . Framing clear legal framework regarding live in relationship doesn’t about equating live in relationship with marriage but about ensuring dignity , equality and safeguarding right for those who choose them . A nation rooted in traditions yet evolving with society , legislation has the power to unite both protecting Liberty while ensuring justice .