Live-In Relationships and the Indian Legal Landscape

Live-in relationships, once considered unconventional in India, have gradually gained legal recognition through progressive judicial interpretation. Over the years, the Supreme Court has affirmed that such arrangements are not illegal and deserve protection under the right to life and personal liberty guaranteed by Article 21 of the Constitution.

The Groundbreaking Case: S. Khushboo vs. Kanniammal & Anr. (2010)

In this landmark judgment delivered on April 28, 2010, the Supreme Court categorically held that live-in relationships and pre-marital sex are not criminal offenses. The Court emphasized that “living together falls within the right to life and personal liberty” and that adults have the autonomy to choose their way of life. This ruling marked a crucial step toward reducing the moral stigma often associated with such relationships.

Property and Inheritance Rights of Women in Live-In Relationships

The recognition of live-in relationships did not stop at the right to cohabit. Subsequent judgments expanded the legal protection of individuals—especially women—by addressing matters of property rights of unmarried partners.

• Dhannulal and Others vs. Ganeshram and Another (April 08, 2015):The Supreme Court ruled that a woman who lived with her partner for a prolonged period is entitled to inherit his property upon his death, even if the couple was not legally married. The Court relied on the presumption of marriage arising from long-term cohabitation, protecting women from being left destitute after the demise of their partners.

• Vidyadhari & Ors. vs. Sukhrana Bai & Ors. (January 22, 2008):In this earlier case, the Court held that a woman in a live-in relationship was a legal heir to her partner’s property. This recognition extended to succession disputes where such women were placed on par with legally wedded spouses, provided that the relationship had the attributes of permanence and shared domestic life.

Evolving Judicial Recognition and Social Impact

These rulings collectively underscore a significant shift in Indian family law. They not only reaffirm the constitutional right to personal liberty but also align the law with contemporary social realities, where adults may choose to live together without formal marriage.

By integrating live-in partners, especially women, into the framework of legal protection, the judiciary has reinforced the principles of equality, dignity, and justice enshrined in the Constitution.

Conclusion

The evolution of live-in relationship laws in India reflects India’s broader transition toward respecting individual choices in personal relationships. Landmark Supreme Court decisions, from S. Khushboo to Dhannulal and Vidyadhari, have paved the way for ensuring that individuals in non-marital relationships are not deprived of fundamental rights or denied justice in matters of property and inheritance.