FAMILY LAW I – LECTURE SERIES

SHORT NOTES
LIVE-IN-RELATIONSHIP
Live-in-relationship refers to a relationship between two persons who live together without
being married. In modern society, such non-marital relationships have become more common.
In India, the law relating to LIR is yet to evolve. LIRs are not illegal in India. Neither they are
criminal offence. But there is no specific law to give protection to the live-in-partners. They do
not have the same rights as married couples. They cannot inherit to each other’s property. They
do not have any right to maintenance in case of separation. They are not entitled to any
matrimonial remedies such as divorce, restitution of conjugal society etc. The children born of
such relationship is not legally protected. On the question whether they can inherit to their
parents is not clear due to diversity of judicial decisions.
The Supreme Court in Kushboo v. Kanniammal (2010), while listening to a number of petitions
against Kushboo’s open endorsement to pre-marital sex, observed that “living together is a part
of right to life”.
The Protection of Women from Domestic Violence Act 2005 provides protection to women in
domestic relationship against domestic violence. Domestic relationship is defined as
relationship by way of marriage or in the nature of marriage. The term ‘in the nature of
marriage’ has given rise to a presumption that the Act specifically protects women in LIR.
The Supreme Court in D.Velusamy v. D.Pachaiammal (2011) framed guidelines to treat a
relationship as in the nature of marriage. It should be within those parameters.
(i) The partners should hold themselves out to society as husband and wife.
(ii) They must be of marriageable age.
(iii) They should be of otherwise fit for marriage like not being married, PR etc.
(iv) They must be cohabitating for a reasonably longer period and
(v) They must be living in shared household.
Thus, a concubinage or adultery should not be confused as LIR.
A progressive step is taken by the NCW and the Malimath Committee and recommended to
amend the term ‘wife’ in S.125 CrPC so as to include a woman who is in live in relationship to
claim maintenance from her partner.
Thus, there is a need for clear law to determine the legal status of LIR and legitimacy status of
children.
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