Live In Relationships: Need For Legislative Intervention

Surabhi Sharma, Assistant Professor of Law, Asian Law College, Noida

ABSTRACT

In India, living together as a couple without being legally married, known as a live-in relationship, has traditionally been considered taboo. However, these relationships are becoming increasingly common for various reasons. Since there is no specific legislation, rules, or customs governing live-in relationships, the Supreme Court has issued guidelines through its judgments to regulate such relationships. This article aims to provide an overview of the current legal positions regarding live-in relationships in India by systematically assessing these judgments.

It is important to note that a live-in relationship between two consenting adults is not illegal. If a couple presents themselves to society as husband and wife and lives together for a significant period of time, the relationship is considered to be "in the nature of marriage" under the Prevention of Domestic Violence Act, 2005. Consequently, the female partner is entitled to claim alimony under the provisions of this act. Children born out of such relationships are considered legitimate and have the right to inherit their parents' self-acquired property. However, they are not entitled to a share in the Hindu undivided family property as coparceners. Such protection is acknowledged with the help of judiciary but now it is a high time to legislated on the same to protect the vulnerable partners.

Keywords: Live-in relationship, judiciary, maintenance, illegitimate child- rights