Live in Relation Law in India

Live in Relation and Same Sex Marriage

Marriage is not the only way to or form of cohabitation between tow consenting persons. In the past there have been concepts of “Niyoga” among the Hindus and of “Muta” among the Muslims, Both resembling what is now know as live in relationship. The concept of live in relationship is continuing and is now legally recognized for certain purposes.

What is live in relationship ?

Ans: An arrangement of living under which the couples who are unmarried live together to conduct a long-going relationship similar as in marriage.

“Relationship in the nature of marriage” and protects female partners in it from domestic violence making available to them various remedies furnished.

Maintenance relief can be claimed by a woman in a live in relationship under the prevention of domestic violence act 2005 but, as per a judicial decision not under the maintenance law of the code of criminal procedure 1973- Malti v Sate of Uttar Pradesh 2000 All  LJ 2016

The Supreme Court has held that a relationship in the nature of marriage under the 2005 act must also fulfill some basic criteria. Merely spending weekends or a night together would not make it a live in relationship. It has also held that if a man has a “keep” whom he maintains financially and uses mainly for sexual purpose and /or as a servant it would not be a relationship in the nature of marriage

Ref: D Velusamy v D. Patchaiammal 2010 SCC469

Vimla v Veeraswamy (1991) 2 SCC 375

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