Legal Aspects of Live-in Relationships in India

Live in relationships have emerged as a major social and legal phenomenon in India, posing a threat to the conventional notions of family and marriage and creating complex legal rights and obligations for the individuals involved in the relationship. The purpose of this study is to analyze critically the legal provisions relating to live in relationships in India, highlighting the constitutional values, statutory provisions, and judicial pronouncements that have paved the way for the acceptance of the same. The study will begin with an analysis of the concept and different types of live-in relationships and later look into the past judicial pronouncements which have changed the legal status of live-in relationships in India. The study focuses on the legal protections provided under the Protection of Women from Domestic Violence Act of 2005[ Act No. 43 Of 2005 ], maintenance rights as per criminal laws, and the evidentiary presumptions relating to long-standing cohabitation under the Bharatiya Sakshya Adhiniyam of 2023[ Act No. 47 Of 2023 ]. In addition to this, the paper focuses on the legal standing of children born during live-in relationships in terms of inheritance and property rights. Moreover, the paper explores the constitutional position of same-sex live-in relationships in light of the current judicial developments and the legality of consensual same-sex relationships in India. Lastly, the paper highlights the legal and social issues faced by people in live-in relationships, such as the absence of cohesive legislation, amongst others. KEYWORDS: Live-in Relationships, Constitutional Rights, Protection of Women from Domestic Violence Act, 2005, Maintenance, Same-Sex Relationships, Judicial Interpretation, Legal Protection, India.