In recent decades, Indian society has witnessed profound changes in attitudes toward relationships and marriage. One of the most striking developments has been the rise of live-in relationships, particularly in urban areas. While such arrangements were once frowned upon, the law has increasingly recognized them to ensure that individuals, especially women and children, are not left vulnerable. The Supreme Court has played a leading role in granting legal recognition and protections in cases where live-in relationships resemble marriage.
Judicial Recognition of Live-in Relationships
The judiciary has consistently held that live-in relationships are not illegal. In Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court explained that a live-in relationship that has the characteristics of marriage deserves protection under the Domestic Violence Act, 2005. The Court emphasized that women in such relationships should not be left destitute merely because there was no formal marriage ceremony. The law must adapt to social realities, and denying protection would lead to grave injustice.
Maintenance Rights under Law
One of the most critical questions is whether a woman in a live-in relationship can claim maintenance if abandoned. Courts have interpreted maintenance provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to extend protection in such cases. If the woman proves that the relationship was long-term, stable, and had the characteristics of marriage, she may be entitled to maintenance just like a legally wedded wife.
Children born from live-in relationships are also protected. The Supreme Court has held that such children are legitimate and have inheritance rights in the property of their parents. This principle, recognized in cases like Tulsa v. Durghatiya (2008), ensures that children are not punished for the circumstances of their birth.
Limitations and Safeguards
Courts have been careful to distinguish between genuine live-in relationships and casual or transient arrangements. Short-term or purely physical relationships do not attract legal protections. The courts look at factors such as the duration of cohabitation, shared household arrangements, and social recognition of the relationship. This ensures that the law does not encourage misuse while still providing justice to women who have genuinely devoted years of their lives in such partnerships.
Practical Importance
For women in live-in relationships, the recognition of maintenance rights provides a sense of security. It ensures that they are not abandoned without recourse after years of cohabitation. For society, it marks a step forward in adapting traditional laws to modern realities. By recognizing live-in relationships, courts are not undermining marriage but acknowledging that diverse forms of companionship exist and need protection under the law.
Conclusion
Live-in relationships may not carry the same formal status as marriage, but Indian law has progressively extended important protections to women and children involved in them. The Supreme Court has ensured that such individuals are not left without remedies, particularly in matters of maintenance and legitimacy of children. This reflects the law’s ability to evolve with society, balancing tradition with fairness and justice.