Legal Article

Right of partners in live-in relationship

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 26 Jan, 2023

In India, the concept of live-in relationships is relatively new and not yet fully recognized by society and the legal system. However, the Supreme Court of India has acknowledged the right of individuals to enter into live-in relationships, stating that such relationships are protected under the Indian Constitution’s right to life and personal liberty.

In a live-in relationship, both partners have the right to live together without getting married, and have the freedom to make their own choices about their relationship. This includes the right to decide when to move in together, when to end the relationship, and how to manage their finances and property during the relationship.

However, due to the lack of legal recognition, live-in relationships are not yet protected by the same laws and rights that apply to married couples. For example, there is no automatic right to inheritance, alimony, or maintenance in the event of a separation.

Despite these limitations, live-in relationships are becoming increasingly common in India, and the legal system is slowly adapting to recognize the rights of individuals in these relationships. The courts have recognized the rights of women in live-in relationships, stating that they have the same rights as married women in cases of domestic violence and maintenance.

In conclusion, live-in relationships in India are protected under the Indian Constitution’s right to life and personal liberty. However, due to the lack of legal recognition, live-in relationships are not yet protected by the same laws and rights that apply to married couples. But the courts have started to recognize the rights of women in live-in relationships, and this is a positive step towards protecting the rights of individuals in these relationships.