What Is The Legal Status Of A Live-in-Relationship?

When two individuals decide to live together and share a household without tying the knot, they are said to be in a live-in relationship. Couples can live together and have more committed relationships thanks to this arrangement, which spares them from the social and legal ramifications of marriage. Though they can differ greatly in terms of their structure and degree of commitment, live-in relationships frequently place an emphasis on mutual understanding and personal choice.

History: Of A Live-In-Relationships

In ancient times, there was informal cohabitation but not official. In the 19th century cohabitation was uncommon and frequently committed, and social views regarding live-in- relationships remained orthodox. But in the 21st century, relationships are generally recognized in different parts of society, with different degrees of social and legal validation.

What Is A Live In Relationship?

A live-in relationship refers to a romantic connection in which two people decide to share a household and live together without marrying each other and live under one roof as husband and wife in the same home. In addition to cohabitation, this arrangement frequently entails sharing personal space, domestic chores, and financial obligations. Although live-in relationships are not legally binding like marriages, they can differ in length and level of commitment, with some parties seeing them as transitory arrangements and others as long-term ones.

1. Tradition view: Because of traditional values and social conventions that support marriage, live-in relationships are frequently met with suspicion or rejection. Younger generations tend to be more accepting in urban areas, while acceptance is still very low in rural areas and among conservative populations.

2.  Modern view: Live-in partnerships are becoming more and more common and are generally accepted. Societies in the United States, Canada, and many European countries consider cohabitation to be a valid form of partnership.

3. Legal view: There is now some legal acceptance for live-in relationships, especially in regard to maintenance and property rights. Although the Supreme Court has recognized these partnerships, the legal safeguards are not as extensive as those associated with marriage.

What Is The Age Limit For A Live-In-Relationship?

Yes, Partners may choose to cohabit together upon reaching the age of majority, which is 18 years. They can establish a live-in relationship by formalizing a live-in agreement through their legal counsel. In every states, it is possible to draft a cohabitation agreement that specifies each partner’s obligations and rights. This agreement can be used to manage money matters, property rights, and other relationship-related issues.

Is There Any Law Regarding Live-In-Relationships?

The Supreme Court has recognized live-in relatioship  in a number of rulings, but only under specific circumstances. 

In Khushboo V. Kanniammal Air (2010) Supreme Court held that live-in-relationship is allow if they are consensual and base on mutual understanding.

The Protection Of Women From Domestic Violence Act, 2005,  This act provides some legal acceptance to women in live-in-relationship. This Act gives protection to the women of live-in-relationship in the definition of aggrieved persons.

The Bharaitya Nagarik Suraksha Sanhita, 2023: 

Earlier section 125 criminal procedure code deals with maintenance. But now section 144 of BNSS provides the maintenance right to the women of live-in-relationship aslo. 

What Will Be The Legal  Status Of A Child Born Out Of A Live-In-Relationship ?

• Legitimacy: A child born out of a live-in relationship is regard as lawful under Indian law. The Judicial decision and the Protection of Women from Domestic Violence Act, 2005 attest to the fact that children born in cohabitation have the same rights as those born in legal marriage.
• Inheritance Rights: Child born from live-in-relationship is accept as legitimate. They are therefore eligible to inherit things from their parents.

What Is The Legal Status Of Women In A Live-In-Relationship?

• The women have a right to get the maintenance as a legally wedded wife.
• The women have a right to get inheritance rights as a legally wedded wife.
• The women have a right to the property of their partner as the same wife has a right to the property.

Advantages Of Live-In-Relationship:

• The partners of live-in- relationship have more freedom and independence than a legal marriage.
• Partners are not formally bound in a relationship like a legal marriage.
• Without any long and strict procedure, they can easily separate.
• There is less pressure on the duties in the live-in-relationship between the partners.
• They are sharing all the expenses mutually.
• They can easily test the compatibility before making a formal commitment.

Disadvantages Of Live-In-Relationship:

• In live-in-relationships there is uncertainty of relation between the couples.
• The children born out of this relationship are not having proper care and upbringing.
• There is a high chance of spreading HIV transmit diseases.
• There is a bad impact on the upcoming generation and destroys the basic structure of the society.

Constitutionality Of Live-In Relationship 

The constitutionality of live-in relationships is valid as per the constitution of India as it is a fundamental right of every individual granted by the constitution as the right to live and right to marry of your own choice, after attending majority age that is 18 every individual has right to live their life as per their wish, nobody has right to withdraw this fundamental right and take away their rights, it’s a constitutional guarantee provide to each and every individual 

Conclusion

Live-in relationships are legal in India under specific circumstances, according to Indian courts. By accepting them, children from these kinds of relationships are guarantee the same rights and respect as children born into marriage. There has been development in India’s legal status of live-in partnerships, Courts now acknowledge the validity of these arrangements and provide certain legal protections. The way the law is developing means that in order to properly handle these problems and give people in live-in relationships more assurance and protection, more precise and comprehensive legislation will be require. Further legal advancements are likely to improve the framework governing live-in partnerships as public attitudes continue to change.

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