If two adult and unmarried persons live together willingly as a part of a live-in relationship, then it is not prohibited in any law in India. As per my understanding, there is no law in India that makes such relationship illegal.
Of course, the society may consider it to be immoral and unethical, but it may not be illegal under laws. Further, if one of them is already married, then there may be some legal complications. But, if two unmarried persons who are adult, live together willingly as a part of a live-in relationship, then it is not prohibited in any law.
In fact, such live-in relationship has been directly or indirectly recognized in some laws. For example, in Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, there is an indirect reference to live-in relationship being covered under the definition of “domestic relationship”:
“(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;”
Here, the expression “a relationship in the nature of marriage” indirectly refers to a live-in relationship. In fact, in the case of D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469, the Supreme Court interpreted the above expression to include a live-in relationship subject to certain conditions.
In this case, the Supreme Court held that “relationship in the nature of marriage”, is akin to a common law marriage which inter alia requires that the parties must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. The parties should also have a “shared household” as defined in Section 2(s). Merely spending weekends or one night together does not constitute “domestic relationship” under Section 2(f). It was further held that not all live-in relationships form a relationship “in the nature of marriage” because several parameters have to be satisfied in order to constitute relationship in the nature of marriage.
In the case of Chanmuniya v. Virendra Kumar Singh Kushwaha, (2011) 1 SCC 141, a 2-judge the Supreme Court felt that a broad and expansive interpretation should be given to the term “wife” in Section 125 of Cr.P.C. to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a precondition for maintenance under Section 125 Cr.P.C., so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125, and the Supreme Court referred this issue to be decided by a larger bench of the court. As far as I understand, this issue is still pending before a larger bench of the Supreme Court.
Thus, there appears to be no legal prohibition in Indian laws for two adult and unmarried persons living together willingly as a part of a live-in relationship.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
