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The Legal Landscape of Live-In Relationships in India

Insights into Rights and Legal Protections for Cohabiting Partners

The Legal Landscape of Live-In Relationships in India

  • 16 May, 2024
  • 441

The Legal Position of Live-In Relationships in India

In India, live-in relationships do not have a distinct legal framework, but they are not prohibited either. The Supreme Court has asserted that cohabitation between consenting adults is not a criminal offense and is protected under the "right to life." Furthermore, the court has extended certain legal protections to partners in live-in relationships, specifically under the Protection of Women from Domestic Violence Act, 2005.

Recent Rulings by the Allahabad High Court

In a significant ruling, the Lucknow bench of the Allahabad High Court stated that a Muslim individual cannot claim rights within a live-in relationship if they have a living spouse. The court viewed such a relationship as contrary to Islamic principles. Nonetheless, it conceded that circumstances might differ if both individuals are unmarried.

Key Points to Consider

  • Live-in relationships are legal in India, despite the absence of explicit laws governing them.
  • The Supreme Court has acknowledged certain rights and protections for individuals in live-in arrangements.
  • Different courts have varied perspectives on the legality of live-in relationships, especially concerning married individuals, particularly when one or both partners are Muslim.
  • The recent ruling from the Allahabad High Court emphasizes the complexities surrounding this topic and the potential for differing legal interpretations influenced by religious beliefs and personal laws.

For individuals navigating live-in relationships, particularly in cases involving marriage or different religious backgrounds, it is crucial to seek advice from legal professionals to comprehend the specific legal ramifications.

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