Many are unsure if “Is live-in relationship legal in India?”. No law restricts two adult couples from living in one house, regardless of whether they’re engaged. There’s a debate about the legality of and rights associated with live-in relationships because ancient India did not have the notion of a man and woman living together in a relationship that had no ties through marriage, blood, or adoption. It is thought to be morally unsound even in our modern-day era. However, morality does not govern the law as fundamental rights do. That’s why, in the absence of any law regarding live-in relationships, The Honourable Supreme Court and various High Courts have permitted the existence of relationships.

However, marriage isn’t an unimportant social label. It confers a variety of rights that are relative to the parties who are involved. Some examples include requests for domestic violence, dowry and property rights for children, judicial separation, and divorce. In most cases, people who live in relationships have been equated with the status of a husband and wife in marriage while recognizing the corresponding rights. The rights of couples have been described in this article.

Live in Relationship: Legal Rights in India

The right to live in relation

In discussing live-in relationship rights in India, The first option is to remain together, live together, and share a home. Many people believe that because it goes contrary to the morals of Indian society and culture, it is also unlawful. Couples in a relationship may be threatened by being detained and arrested. But, it must be recognized that if two adults are in a relationship with one another’s permission in affection, they aren’t committing a crime. In a significant case that was decided in 2000, the Supreme Court accepted the same right to live. It stated, “Notions of social morality are inherently subjective and the criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy.”

Lease or own a house together

When two adult couples decide to begin living together, they require an appropriate place to accommodate such an arrangement. There is a myth that those who live in relationships violate the law and cannot have an apartment or a rented house. Also, anyone who leases the property can be charged. It is important to note that the rights to property in living in a relationship are the same as other rights that a person might possess. However, property owners might not wish to lease their homes to couples who live together but not in marriage. In these cases, there is no way to be forced to do so, as the religion or food preferences of the property owners cannot be challenged because it’s an individual decision. But, it is not unlawful to lease or own an apartment with an in-law.

Police Protection

It is widely known that runaway couples who get married against their parent’s wishes receive protection from police to stop the occurrences of honor murder. It is a different fact that occasionally, even relationship couples are feared for their lives and safety by moral police or family members. In such instances, teams are entitled to go to the police station concerned to seek protection from interference with life and liberty, as ruled out in the case of Kamini Devi.

Marriage

If a couple lives within a marriage, it does not mean they forfeit their possibility of getting married or, in the case of a couple ending their relationship, getting married to someone else. If this is considered an act of bigamy (since the live-in relationship is deemed part of the definition of marriage), It remains an unanswered question.

Domestic Violence

The Protection of Women from Domestic Violence Act 2005 applies to women who live in a household shared with their spouses. The question is whether the rights of women living with a live-in partner are similar to those of a spouse under the Act to enforce her rights against violence from the live-in partner. The apex court answers in the case of Indra Sarma, where the court recognized that a live-in partnership in the sense of marriage could have the protections of the DV Act 2005 applied. However, this application might differ based on the case’s specific circumstances.

Maintenance

Maintenance payments to a wife are an option under various personal laws like the Hindu Marriage Act of 1955 and secular laws under CrPC. In Chanmuniya’s case, the Honourable Supreme Court allowed maintenance to the wife (who had married her husband’s youngest brother following his death according to the community’s rituals and lived as an unmarried wife) under section 125 of the Criminal Procedure Code 1973. However, in Indra Sarma’s case, Indra Sarma the Court refused maintenance to the partner who lived with her, noting it was “We are conscious of the fact that if any direction is given to the respondent to pay maintenance or monetary consideration to the appellant, that would be at the cost of the legally wedded wife and children of the respondent, especially when they had opposed that relationship.”

Thus, whether.” the rights of females living together in India will include the right to maintain is contingent upon the situation’s particulars. For clarification, seek assistance from Family lawyers.