Live-In Relationships In India: Recognition And Legal Status Under Family Law
- IJLLR Journal
- Nov 20
- 1 min read
Deepansh Bhargava, BA LLB (H), IILM University, Greater Noida
ABSTRACT
This paper analyzes the evolving legal status of LIRs in India, focusing specifically on their recognition within the framework of Hindu Law and the subsequent role of judicial activism. This is because, historically, Hindu family law revolved around the sacramental institution of Vivaha, or marriage, which did not provide any statutory recognition for cohabitation outside of marriage. This resulted in a major socio-legal lacuna. The following paper argues that while LIRs have not been accorded the status of marriage-that is to say, de jure recognition-they have achieved only limited and conditional legal protection, or de facto recognition, essentially through an expansive interpretation of the PWDVA, 2005. Critical examination of landmark judgments, such as the D. Velusamy Test and the Indra Sarma guidelines, shows that the judiciary depends on the strict criterion of a "relationship in the nature of marriage" for conferring rights, with the effect that LIRs are forced to approximate marriage in order to obtain relief. While such a judicial approach has secured fundamental rights, such as the legitimacy and inheritance rights of children under the Hindu Marriage Act, 1955, the absence of a separate statutory framework at present fosters legal ambiguity and inconsistency, besides rendering the partners of such relationships vulnerable. This paper thus concludes by recommending the legislative enactment of a separate Cohabitation Act in order to bring clarity and certainty into this sphere and comprehensively regulate it independently of the traditional personal laws.
Keywords: Live-in Relationship. PWDVA, Article 21, Hindu Law, Cohabitation Rights.
