Indian society shied away from the idea of live-in relationship for a very long time. In Indian tradition, it was considered a crime or offense to live together before getting married. Most significantly, "One Man, One Wife" is favored by the Hindu Dharma as the most holy type of matrimony. However, once mental evolution begins, people become more receptive to some resisting habits in subsequent generations.
A live-in relationship, also known as cohabitation, is an arrangement in which two people who are romantically linked live together but are not married. The pair decides against getting married in order to keep their relationship casual despite living together and having a sexual relationship.
In India, live-in partnerships are not regarded by the law as legitimate unions. Indian law does not contain any specific legislation that governs or grants legal standing to cohabiting couples.
Live-in couples in India are not granted the same legal rights and protections as married couples, as marriage is the only recognized legal union in the country. Couples may have issues as a result of live-in relationships not being recognized by the law, particularly if there is a divorce or disagreement over property.
Although live-in partnerships are not recognized by Indian law as valid unions, the Supreme Court of India has still given those involved some legal protection in specific situations. However, it is crucial to remember that married couples in India enjoy greater legal rights and protections than single individuals cohabiting.
In India, live-in relationships are somewhat protected by law as a result of multiple decisions made by the Supreme Court and High Courts. In the case of Indra Sarma vs. V.K.V. Sarma, for example, the Supreme Court ruled that a live-in relationship is protected under the Domestic Violence Act, 2005, just like a married relationship. The woman in a live-in relationship is also entitled to maintenance if her partner deserts her or declines to provide for her, according to the court's ruling.
In the same way, the Supreme Court ruled in D. Velusamy v. D. Patchaiammal that if a couple has lived together for an extended period of time and there is proof that they have presented themselves to the public as being similar to a married couple, then the relationship can be deemed to be legal.
In spite of the fact that live-in partnerships are not recognized by Indian law as legal unions, the Supreme Court has upheld the rights of live-in couples under specific situations.
Live-in relationships in India have been the subject of several significant rulings that have been crucial in providing legal recognition and safeguarding these kinds of relationships. Some of the most significant verdicts are as follows:
Court rulings have established that live-in relationships among adults, regardless of marital status, are neither unlawful nor immoral. Additionally, the courts have ruled that women in live-in relationships have the same legal rights as wives who are married, including maintenance and protection from domestic abuse under the Domestic Violence Act.
Still, there are a lot of legal and social issues that live-in couples in India have to deal with, such as property rights, child custody issues, and societal humiliation. Governments and society must embrace cohabitation as a common form of friendship and give those who choose to live together more legal protection. To find out more information regarding cohabitation, it is best to consult with an experienced family lawyer.