A live-in relationship means a couple living together without commitment or marriage under one roof.
Even today, in modern India, this is seen with stigma. The reason behind it is deeply rooted because of traditional beliefs, cultural values, and long customs.
However, modern India wants to live together before getting married.
In history, a live-in relationship wasn’t the concept; what parents decided for their children was acceptable.
Today, we seek a type of spouse that will complement our selves, and a live-in relationship gets to know another person so well.
So, let me help you understand what the laws behind live-in relationships are. Is it legal in India after marriage, and what’s the age limit for it?
Without further ado, let’s kick things off.
What is a live-in relationship?
Couples living together before marriage are termed as in a live-in relationship. They share their lives, help with responsibilities, and get to know each other better.
Some people live together first to see if marriage will make them happy. Others prefer not to marry but still want to stay together.
More young people in cities are choosing live-in relationships, but not everyone agrees because of different traditions and beliefs.
How does the law protect people in live-in relationships?
Society may see live-in relationships as immoral, but they are legally valid.
Here’s why:
a) Article 19(1)(e) (Right to Cohabitation): This law gives every person the absolute freedom to live anywhere in India and settle anywhere.
b) Article 21 (Right to Life and Personal Liberty): The Supreme Court confirms that everyone has the right to live life freely. They can choose where to stay and pursue any job or profession of their choice.
Landmark cases
1. Payal Sharma vs. Nari Niketan (2001):
Payal Sharma had been living with her boyfriend; however, people in society didn’t like it.
Her father did not accept this and sent her to a women’s shelter to stop it.
So, Payal went to court and said that, since she is an adult, she has the right to live with whoever she wants.
The court said law and what society thinks are different.
In 2001 the court ruled that it is legal to live together without getting married.
2.S. Khushboo vs. Kanniammal & Anr. (2010):
Tollywood actress S. Khushboo from Tamil Nadu talked about premarital sex and live-in relationships.
The people didn’t like her statements and moved a defamation case against her. She thought that her words harnessed their image.
Khushboo claimed that she has every right to speak freely under Indian law (Article 19).
In 2010, India’s Supreme Court decided that there is no law against premarital sex or live-in relationships.
Hence, it was not illegal.
3. Indra Sarma vs. V.K.V. Sarma, (2013):
Indra Sarma lived with V.K.V. Sarma for 18 years without being formally married.
V.K.V. Sarma was already married to another woman. He deserted Indra after those 18 years.
Feeling abandoned by her mate, Indra brought a case against him in the Domestic Violence Act, 2005. This law helps protect women from domestic violence and provides them with legal support.
Rights and protections for partners in a live-in relationship
1.India:
There isn’t any special law for live-in relationships in India.
The Domestic Violence Act, 2005, is a protection law for a woman from violence during a live-in relationship.
And the children born from such a relationship are also legitimate. They can claim rights about inheritance from both sides.
2. United States:
Countries like the USA do not have specific laws for live-in relationships.
But, if two people live together without marriage for considerable years, they are treated as married couples.
In comparison to India, in the USA, live-in relationships become more common and socially acceptable over the course of time.
In some states of America, common law marriage allows a couple to be considered legally married without having a formal wedding ceremony.
3. United Kingdom:
Similarly, the UK does not have a specific law for live-in relationships. There are some other laws for protecting people from abuse who are in live-in relationships.
They can charge the Family Law Act of 1996 against their partner.
Is living in a relationship legal in India after marriage?
Yes, it’s legal for two adults to have the right to live together, but there’s no specific law for live-in relationships after marriage in India.
And from a social perspective, society do not allow people to be in a live-in relationship, neither before marriage nor after marriage due to social status and Indian culture.
People who choose live-in relationships must be ready to face a certain set of challenges.
In such cases, take some help from lawyers and then get into a live-in relationship.
Partners in live-in relationships receive protection against abusive partners under a law called the Domestic Violence Act of 2005.
What is the age limit for live-in relationships in India?
People who want to be in a live-in relationship should be adults.
A woman should be 18 years old, and a man should be 21 years old.
This is the age where both women and men are mature enough to make life decisions.
Is it a good idea to be in a live-in relationship?
Well, this is really a subjective question and your personal choice.
Living together would teach you more about each other and see whether you are compatible.
But then again, there’s also another side to a live-in relationship, which is breakup complications. Other than this, there can be societal and family pressures also.
Conclusion
Adults who are living together without getting married are called live-in relationships.
Strong traditional and cultural beliefs still stigmatize this idea in modern India.
However, many modern Indians prefer living together before marriage to find compatible partners, which is illegal.
According to Articles 19 and 21, India’s Constitution grants liberty to all adults to live and settle anywhere.
If a woman living with her partner faces harassment, the Domestic Violence Act of 2005 protects her.
In conclusion, there’s no specific law that directly point out that live-in relationship is legal.
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