Optimize IAS
  • Home
  • About Us
  • Courses
    • Prelims Test Series
      • LAQSHYA 2026 Prelims Mentorship
    • Mains Mentorship
      • Arjuna 2026 Mains Mentorship
  • Portal Login
  • Home
  • About Us
  • Courses
    • Prelims Test Series
      • LAQSHYA 2026 Prelims Mentorship
    • Mains Mentorship
      • Arjuna 2026 Mains Mentorship
  • Portal Login

What is the legal position on live-in relationships?

  • May 14, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments

 

 

What is the legal position on live-in relationships?

Sub: Polity

Sec: Constitution

Context:

  • The Lucknow bench of the Allahabad High Court stated  that a Muslim cannot claim rights in a live-in relationship when he or she has a living spouse.

What are Live in Relationships?

  • The concept of a live-in relationship is not defined anywhere in India. 
  • It refers to a proposal of two individuals living together with consent.
  • It allows an individual to understand each other which helps in making an informed decision for marriage.
  • Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis.
  • The concept of a live-in relationship was recognised in Payal Sharma versus Nari Niketan by the Allahabad High Court.

Recent Case:

  • A two judge Bench of Justices A.R. Masoodi and A.K. Srivastava called such a relationship against the tenets of Islam while hearing a writ petition.
  • The judges stated that Islamic tenets do not permit live-in relationships during the subsisting marriage.

Constitutional Dimensions:

Right to Cohabitation:

  • Article 19(1)(e) of the Indian Constitution states that every citizen has the right to reside and settle in any part of the territory of India.
  • So the adults who wish to live together have the right to reside anywhere and cannot be denied accommodation based on their marital status.
  • In Khushboo V Kanniammal case , the Supreme Court held that a live-in relationship comes within the ambit of Right to life under Article 21 of the Constitution of India. 

What have the Courts said about live-in relationships?

  • India does not have any laws that directly address live-in partnerships.
    • For a man and a woman to live together is part of ‘the right to life’ and therefore, a live-in relationship is no longer an offense. 
  • According to the Supreme Court judgment in Badri Prasad v. Dy. Director of Consolidation (1978), live-in relationships in India are legal but subject to caveats like age of marriage, consent and soundness of mind.
  •  In Lata Singh vs state of U.P 2006 case , Supreme Court held that a live-in relationship between two consenting adults of opposite sex, though perceived as immoral, does not amount to any offense under the law.
  • The Punjab and Haryana High Court stated that a couple living together without obtaining a divorce from their previous spouse cannot be classified as being in a “live-in relationship” or being in a union similar to marriage.
Khushboo V Kanniammal case Polity What is the legal position on live-in relationships?

Recent Posts

  • Daily Prelims Notes 23 March 2025 March 23, 2025
  • Challenges in Uploading Voting Data March 23, 2025
  • Fertilizers Committee Warns Against Under-Funding of Nutrient Subsidy Schemes March 23, 2025
  • Tavasya: The Fourth Krivak-Class Stealth Frigate Launched March 23, 2025
  • Indo-French Naval Exercise Varuna 2024 March 23, 2025
  • No Mismatch Between Circulating Influenza Strains and Vaccine Strains March 23, 2025
  • South Cascade Glacier March 22, 2025
  • Made-in-India Web Browser March 22, 2025
  • Charting a route for IORA under India’s chairship March 22, 2025
  • Mar-a-Lago Accord and dollar devaluation March 22, 2025

About

If IAS is your destination, begin your journey with Optimize IAS.

Hi There, I am Santosh I have the unique distinction of clearing all 6 UPSC CSE Prelims with huge margins.

I mastered the art of clearing UPSC CSE Prelims and in the process devised an unbeatable strategy to ace Prelims which many students struggle to do.

Contact us

moc.saiezimitpo@tcatnoc

For More Details

Work with Us

Connect With Me

Course Portal
Search