Before You Live-In, Watch This! 😳

Описание: Introduction – The Changing Face of Relationships in India
Live-in relationships, once considered a taboo in Indian society, have been gaining visibility among today’s youth.
In simple terms, a live-in relationship is when an unmarried man and woman choose to live together, sharing a home and life as if they were husband and wife, but without a formal marriage.

In Western countries, this is common and socially accepted. In India, however, live-in relationships still face cultural resistance, with many people considering them against tradition and morality.
Yet, despite societal disapproval, Indian law does not consider live-in relationships illegal.

This raises important questions:

What does Indian law actually say about live-in relationships?

Are they legal?

What rights do partners have?

Most importantly, what about the children born from such relationships – do they have property rights?

In this guide, we will explore all these aspects, backed by Supreme Court judgments, legal provisions, and real case studies.

1️⃣ Are Live-In Relationships Legal in India?
India has no specific Act or law that directly governs live-in relationships. There is no “Live-In Relationship Act” that defines rules or rights.

However, the judiciary has filled this gap by interpreting existing laws and delivering landmark judgments.
For example, the Allahabad High Court ruled that:

If an adult man and woman voluntarily decide to live together without marriage, it is not illegal — even if society considers it immoral.

This means the law focuses on consent and adult choice, not societal morality.

2️⃣ How to Determine if a Live-In is “Marriage-like”
Not every couple who spends time together is in a marriage-like live-in relationship.
The Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) laid down guidelines to decide if a live-in relationship should be treated like a marriage.

Key factors include:

Long-term cohabitation – The couple must have lived together for a significant period.

Shared household – Living under the same roof as a family unit.

Financial support – Both partners financially support each other.

Social recognition – Attending functions, family gatherings, being treated by society as husband and wife.

Domestic arrangements – Sharing household duties like cooking, cleaning, and caring for each other.

If these conditions are met, the relationship can be treated “in the nature of marriage” by law.

3️⃣ Property Rights of Children Born from Live-In Relationships
One of the biggest concerns for couples is:
💬 “If we are not married, will our child be considered illegitimate?”

The Supreme Court has made it clear:
✅ If a live-in relationship is long-term and marriage-like, children born from it are legitimate.
✅ These children have the same legal rights as children born from a registered marriage, including inheritance and property rights.

Why did the Supreme Court allow this?
The court believes children should not suffer because of the choices of their parents.
If a child is born from a stable, long-term relationship, they should not be denied legal status or property rights.

4️⃣ Hindu Marriage Act, Section 16 – Rights of Children
Under Section 16 of the Hindu Marriage Act (HMA):

Children from void (invalid) or voidable marriages, and those born from long-term live-in relationships that resemble marriage, are considered legitimate.

They have the right to inherit both self-acquired and ancestral property of their parents.

Self-Acquired Property vs Ancestral Property
Self-Acquired Property – Property bought by a person with their own income.

Ancestral Property – Property inherited from forefathers, passed down for at least four generations without division.

Important:
In the landmark case Vidyadhari v. Sukhrana Bai (2008), the Supreme Court ruled that a child from a live-in relationship can inherit both types of property, provided the relationship is long-term and marriage-like.



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