This paper examines the evolution, legal framework, and societal perceptions of live-in relationships in India. Despite being controversial in a culture where marriage is a sacrosanct institution, live-in relationships are gaining acceptance, especially in urban areas. This research analyzes the legality of live-in relationships, associated rights, and their position within the Indian legal system and society.

Introduction
Live-in relationships, although difficult to define precisely, refer to domestic cohabitation between two unmarried individuals. These arrangements, particularly prevalent in metropolitan areas, represent a significant shift from traditional marriage norms. Unlike marriage, live-in relationships allow separation without state intervention, which is crucial in a country like India, where divorce is often stigmatized.

Marriage in Indian culture has historically been a sacred bond since Vedic times. While the institution of marriage has evolved, the current generation is more accepting of cohabitation outside wedlock. However, live-in relationships, despite their perceived comfort and independence, come with their share of legal, societal, and emotional complexities.

Marriage vs. Live-in Relationships

In Indian tradition, marriage is a legally binding and socially sanctioned relationship. It involves customs and rituals that create both legal and societal obligations. By contrast, live-in relationships are not formally recognized as legal unions in India. However, the Supreme Court of India (S.C.) has ruled that live-in relationships, though unconventional, are neither illegal nor criminal offenses.

Key Legal Precedents

1. Payal Sharma vs. Nari Niketan: The Allahabad High Court ruled that a man and woman could live together without marriage, asserting their right to personal freedom under the Constitution.
    
2. Velusamy vs. D. Patchaiammal: The S.C. stated that live-in relationships akin to marriage could be presumed valid if the couple cohabited for a long time and presented themselves as spouses to society.
    
3. S. Khushboo vs. Kanniammal: The S.C. held that consensual adult relationships outside marriage do not violate any law.

While live-in relationships do not carry the same societal and legal weight as marriage, courts have provided certain protections, particularly for women.
 

Essential Factors for the Legitimacy of Live-in Relationships

1. Age of Consent: Both partners must meet the legal age for marriage (18 for women and 21 for men), as established in Payal Katara vs. Superintendent Nari Niketan Vihar Agra.
    
2. Significant Period of Cohabitation: Section 2(f) of the Protection of Women from Domestic Violence Act (PWDVA) mandates that the relationship must last for a "significant or reasonable period" to qualify as a domestic relationship. Casual relationships or one-night stands do not meet this criterion.
    
3. Voluntary Cohabitation: The couple must willingly live together with a shared intention to cohabit. The relationship should demonstrate mutual responsibility, financial sharing, and loyalty. Relationships based on exploitation or servitude are not considered equivalent to marriage.
    

Legal Provisions Supporting Live-in Relationships

1. Constitutional Provisions:
   • Article 21: The right to life and personal liberty encompasses the right to choose one's partner and cohabit without societal or legal constraints.
      
2. Protection of Women from Domestic Violence Act, 2005: Section 2(f) provides legal remedies for women in live-in relationships facing domestic violence.
    
3. Code of Criminal Procedure, 1973: Section 125 of the CrPC entitles women in live-in relationships to claim maintenance.
    
4. Indian Evidence Act, 1872: Section 114 allows courts to presume marriage in cases of long-term cohabitation, protecting the rights of partners, especially in property and maintenance disputes.
    

Societal Perceptions of Live-in Relationships

Despite legal recognition, live-in relationships remain contentious in India. In metropolitan areas, such arrangements are more common, with individuals often viewing them as trials for compatibility or alternatives to traditional marriage. However, conservative sections of society continue to perceive these relationships as immoral.
 

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