LIVE- IN RELATIONSHIP

1
The relationships where two people cohabit outside marriage without any legal obligations
towards each other are known as live-in relationships. This is a relationship in the nature of
marriage but unlike a marriage. This concept has slowly paved its way in the Indian scenario
as well. However, such relationships are considered a taboo in the Indian society. In simple
terms can be explained as a relationship in the nature of marriage where both partners enjoy
individual freedom and live in a shared household without being married to each other. It
involves continuous cohabitation between the parties without any responsibilities or
obligations towards one another. Live-in relationships are not new to our society. The only
difference is that now people are wide open to it. The basic idea of live-in relationships
originates from Western and European countries. People coming from different parts share
accommodation, develops intimacy gradually and in the long run decide to stay together with
each other. There is no law tying them together and consequently either of the partners can
walk out of the relationship, as and when, they will to do so. Though the common man is still
hesitant in accepting this kind of relationship, the Protection of Women from Domestic
Violence Act 2005, provides for the protection and maintenance thereby granting the right of
alimony to an aggrieved live-in partner. Thus, the aggrieved live-in partner can take shelter
under the Domestic Violence Act 2005, which provides protection and maintenance and
thereby grant the right of alimony. The apex court has clarified that the children born of
parents in a live-in relationship could not be called illegitimate. It has been the standard norm
in many of tribes, some of which believe that the contemporary marriage system brings with
it “several impositions, especially on women.” In fact it was to secure the rights of tribal
women in live-in relationships that the Madhya Pradesh State Women’s Commission had
recommended that such unions be accorded legal status2.

3
Advantages of Live-in Relationship-

o Freedom
o Responsibility
o Easy to break-up

1
https://www.legallyindia.com/views/entry/right-of-maintenance-to-women-in-live-in-relationships
2
https://qz.com/india/303608/the-complete-guide-to-live-in-relationships-in-india/#:~:text=In%20India%2C%20the
%20Domestic%20Violence,go%20to%20court%20if%20abused.&text=In%20another%20case%20the%20court,is%20a
%20right%20to%20life.
3
https://shodhganga.inflibnet.ac.in/bitstream/10603/214286/11/chapter%20ii_live-in%20relationships%20in
%20international%20perspective.pdf
o Easy to change the partner
o Rehearsal for a married life
o No legal hassle & Financially convenient

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Legalization of live- in relationships-
5
At present there is no special law in India to deal with the concept of live-in relationships
and its legality. However, the Courts in India, through their decisions in various cases, have
laid down the law in respect of such relationships. Some of the landmark decisions of the
courts in this regard are:

o Domestic Violence Act, 2005

o Section 125 Criminal Procedure Code, 1973
o Section 114 of Evidence Act, 1872

6
International laws-
o Section 25 (2) Family law (Scotland) Act 2006
o Section 4AA of Family Law Act 1957(Australia)
o Section 54 (1) of Family law Act, 1990 (Canada)
o Civil Partnership Act 2004. (United Kingdom)
o Civil Solidarity Pact by French National Assembly (France)
o Article 147, of the Family Code, Philippines

4
https://www.scconline.com/blog/post/2019/01/23/live-in-relationship-and-indian-judiciary/

5
https://shodhganga.inflibnet.ac.in/bitstream/10603/214286/11/chapter%20ii_live-in%20relationships%20in
%20international%20perspective.pdf
6
https://shodhganga.inflibnet.ac.in/bitstream/10603/214286/11/chapter%20ii_live-in%20relationships%20in
%20international%20perspective.pdf
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Landmark judgments over the years-

o Badri Prasad vs. Dy. Director of Consolidation, 1978

o Tulsa & Ors vs. Durghatiya & Ors, 2008
o Marvin vs. Marvin,
o S. Khushboo vs. Kanniammal & Anr, 2010
o Indra Sarma vs. V.K.V.Sarma, 2013
o Revanasiddappa v. Mallikarjun
o Andrahennedige Dinohamy v. Wijetunge Liyanapatabendige Blaham
o Badri Prasad v. Director of Consolidation
o Payal Sharma v. Nari Niketan

7
https://www.legallyindia.com/views/entry/right-of-maintenance-to-women-in-live-in-relationships