Can a couple live together without getting married?
The Supreme Court of India has recognized the concept of a live-in relationship. The act of two major living together cannot be considered illegal or unlawful.
The court has held that a domestic relationship between an unmarried adult woman and an unmarried adult male, who lived or, at any point in time lived together in a shared household, will fall under the definition of Section 2 (f) of the Protection of Women from Domestic Violence Act, 2005 and in case, there is any domestic violence, the same will fall under Section 3 of the Act 2005 and the aggrieved person can always seek reliefs provided under Chapter IV of the Act 2005.
Here are some of the rights available for live-in relationship couples under Indian law:
1. Section 125 of the CrPC provides a legal right for a woman to claim maintenance from the man in the event of a breakup. The right to maintenance includes financial support, such as food, clothing, and shelter.
2. Property rights: If the couple has lived together for a long time and has acquired property, both partners may have a claim to the property.
3. Right to inheritance: In the event of the death of one partner, the other partner may have a claim to the deceased partner’s property and assets if they have been living together for a long time and have been in a relationship akin to marriage.
4. Custody and guardianship rights: If the couple has children, both partners may have the right to custody and guardianship of the children. Also, the child born out of such a relationship will be legitimate.
5. Right to visa extension: The court highlighting that live-in relationships are now a factum of life, opined that to grant an extension of visa, marriage and live-in relationships should not be treated differently. The Court pointed out that the provisions for the extension of visas of foreigners married to Indian nationals enabled such couples to enjoy companionship, love and affection.
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