Table of contents

• Introduction
• What does live-in mean in a relationship?
• Is it good to be in a live-in relationship?
• Is a live-in relationship legal in India?
• FAQS
• Conclusion
• References

Introduction

Ever heard gossip like, 'Did you know Mr. X's daughter has been living with a guy for a long time?' Such gossips seem all too common, don't they?

The fact that it's a "hush-hush" thing when talking to people about someone's live-in relationship exactly captures how a live-in relationship is viewed in India. 

While this doesn't apply to all couples, both or one partner is often secretive about the relationship, and it typically does not involve the knowledge or approval of the families they belong to.

However, the Supreme Court of India does not consider live-in relationships illegal even though no specific law governs it. 

Let's together learn more about this relationship and the kind of rights people involved can still enjoy being in this relationship.

What does Live-in Mean in a Relationship?

A live-in relationship is one where a couple cohabits without getting married. 

As people explore different ways to commit and build relationships, it offers the chance to test compatibility before marriage and can be a step towards greater commitment or simply a lifestyle choice.

Live-in relationships are quite common in many Western countries. They're seen as a personal choice, and society tends to be more liberal about relationships and living arrangements. 

However, acceptance and attitudes can vary depending on cultural and religious factors within each country and the community itself.

In the case of India, live-in relationships are traditionally seen as immoral and are less accepted due to societal norms and conservative values. 

The fact remains that society still holds conventional views and may disapprove of live-in relationships. 

However, attitudes are gradually evolving, especially among younger generations and in urban areas, and it's becoming increasingly common and accepted.

Is it Good to be in a Live-in Relationship?

The idea of good and bad, of morality and immorality, differs from person to person based on the cultural settings, environment, and education. 

However, beyond stigmatisation, one can benefit from being in a live-in relationship.

Advantages:

There are many advantages couples can gain from a live-in relationship.

Compatibility test:

Marriage often is a serious matter that involves commitments, promises to be fulfilled, and sacrifices to be made. Especially in a country like ours, marriage is not just about two individuals but also their families.

High dramas with extravagant expenditures and many guests define an Indian wedding. In such a scenario, considering a live-in relationship with a partner can be helpful if both see a future together.

It helps them get to know each other better, learn each other's habits, likes and dislikes, differences and similarities, and make a better decision about marriage.

Financial benefits:

One of the beneficial aspects of live-in relationships is it's practical financial benefits. Pooling resources for shared living expenses offers substantial savings in daily life.

By dividing rent or mortgage payments and splitting utility bills, each person's financial load diminishes significantly.

This collective financial responsibility alleviates individual stress, fostering a more stable and comfortable living environment.

Emotional support:

Living with your partner can offer a built-in support system, providing companionship during both good times and difficult periods, and fostering a sense of belonging and connection.

Flexibility and freedom:

Live-in relationships offer a refreshing sense of flexibility and freedom, unencumbered by the legal and societal expectations of traditional marriage.

Partners can feel mentally liberated, enjoying a sense of autonomy and control over their lives without the pressures that often accompany matrimony.

Disadvantages:

Of course, it is also important to consider these cons before moving ahead with a live-in relationship:

Blurry boundaries:

In live-in relationships, the absence of a clear legal or societal framework can blur boundaries, creating uncertainty regarding the level of commitment, future expectations, and personal limits.

This ambiguity may foster feelings of insecurity, anxiety, and communication breakdown among partners.

Exploitation:

In live-in relationships, a partner who is not genuine and is primarily there for material gain can usually walk away without any major repercussions.

Since there are hardly any legal rights and protection or support from society for this relationship, this is an easy way out for culprits.

Stigmatisation:

The biggest challenge with live-in relationships often stems from societal perceptions, as they may not align with traditional views on family life.

In Indian society, it is often seen as an immoral activity. Additionally, if unmarried, couples may face disapproval from parents, potentially leading to interference in their daily lives.

Psychological implications:

Premarital relationships often face significant social pressures, especially in cultures where premarital sex is considered highly taboo.

This kind of relationship often has social pressures which may negatively affect the relationships whereas pre-marital sex is a major taboo. the children from these relationships are generally tagged as unsuitable to social norms.

It is widely experienced that people with wedded relationships are better in mental health, in other way, people with live-in relationships often face anxiety, asociality, isolation, loneliness, problems with intimacy, and coexisting physical complaints.

People in wedded relationships are found to experience better mental health, while those in live-in relationships may encounter challenges such as anxiety, social withdrawal, isolation, loneliness, difficulties with intimacy, and concurrent physical health issues.

Is a Live-in Relationship Legal in India?

What the laws say: In India, there are no laws particularly made to address live-in relationships. However, it is not considered illegal in the country.

According to the Supreme Court, if "two consenting adults of heterogenic sex" choose to live together, it "does not amount to any offense".

Live-in relationships gained legal recognition in the year 2010 when a discussion on the safety of women was held.

Women who are in a live-in relationship are also protected under the Domestic Violence Act, of 2005.

In 2022, the Supreme Court reinforced the legitimacy of live-in partnerships by extending the same rights to children born from these unions as those granted to children of married couples. 

Implementation of the laws: While the laws are in favor of a live-in relationship with certain rights such as domestic violence act, child rights, etc extended to this relationship and children born out of this relationship, implementation of such laws depends on the moral compass of the judges or the lawmakers.

Conclusion

​In India, the perspective on live-in relationships can be understood as a mix of both acceptance and denial. 

While it is becoming more accepted, especially among younger generations in urban areas, societal stigma around live-in relationships continues to exist. 

From a legal perspective, the Apex court has recognized live-in relationships as valid under the provision of the Protection of Women from Domestic Violence Act, of 2005. 

However, this can still differ across jurisdictions as implementation of the law can greatly vary from what the law says.

Therefore, it's advisable to grasp the complexities of live-in relationships and seek insights from legal experts and couple therapists. This way, individuals can make informed decisions rather than being solely driven by emotions.

Ultimately, it is the decision of the partners involved whether to be in a live-in relationship or not, understanding the pros and cons involved.

FAQS

Can a married man live with another woman legally in India?

In India, the law doesn't permit polygamy for Hindu, Sikh, Jain, and Buddhist men. However, if a man is Muslim, he can legally have up to four wives, according to the Muslim Personal Law. So, whether it's legal for a married man to live with another woman depends on his religion and the laws governing it.

What are the rights of children born out of a live-in relationship?

In India, children born out of a live-in relationship are entitled to the same rights as children born within a marriage under the Hindu Adoption and Maintenance Act, 1956, and the Protection of Women from Domestic Violence Act, 2005. These rights include the right to financial support, inheritance, and maintenance from both parents.

What are the rules of a live-in relationship?

The rules of a live-in relationship depend on the partners involved. And just as it is a rule in every relationship, communication is the key to every successful relationship. Communicate with your partner clearly about your boundaries, how to be respectful, and shared responsibilities. It's important to make your expectations and plans in this relationship clear to one another. This will help establish a fulfilling relationship and avoid disappointments in the future.

What are the rights of a couple in a live-in relationship?

ln Indra Sharma vs KVK Sharma, 2013, case, the Supreme Court of India, held that any women who are in a live-in relationship are also protected under the Domestic Violence Act 2005. Therefore, the right to effective and adequate protection, especially for the female partner and the children born out of such relationships, has been extended to them.

References

• India Filings (2022). Live in Relationship Law in India. Law. Available at https://www.indiafilings.com/learn/live-in-relationships-in-india/ (Accessed on 30/04/2024).
• Swathy Gopal. Live-in relationship - its position in India and abroad - pros and cons - legitimacy of child - inheritance of property. Legal Service India.com.  Available at https://www.legalservicesindia.com/article/211/Live-in-Relationships#google_vignette (Accessed on 30/04/2024).
• Narayan, C. L., Narayan, M., & Deepanshu, M. (2021). Live-In Relationships in India—Legal and Psychological Implications. Journal of Psychosexual Health. Available at https://doi.org/10.1177/2631831820974585. (Accessed on 01/05/2024).
• Uniyal Parmita (2024). Are live-in relationships good for mental health? 5 pros and cons explained. Available at https://www.hindustantimes.com/lifestyle/relationships/are-live-in-relationships-good-for-mental-health-5-pros-and-cons-explained-101713511287632.html (Accessed on 01/05/2024).
• Welle Deutsche (2023). Live-in relationships in India are legal but taboo. Available at https://www.hindustantimes.com/lifestyle/relationships/livein-relationships-in-india-are-legal-but-taboo-101699086768759.html. (Accessed on 01/05/2024).