In cities across India, live-in partnerships are gaining acceptance. Live-in couples are close but not married. People consider these relationships less official than marriage, yet they raise legal concerns. Live-in partnerships are increasingly frequent in India, although the law does not fully recognise them as marriage. Live-in couples might struggle for child custody, support, and property in court.
The legal landscape for live-in couples is shifting to safeguard the rights of those who choose this lifestyle. To understand how convoluted things are, we look at live-in partnerships and their rights under Indian law.
What are Live-in Relationships?
Live-in couples choose to live and be sexually active without marrying. Both parties agree to share these partnerships’ responsibilities, finances, and mental support. Living together doesn’t require religious or official processes. This differs from a legally binding and documented marriage. Although they live together as a family, their relationship is not legal and doesn’t grant them marriage privileges.
Live-in couples in India need clarification due to unclear legislation. Marriage has dominated Indian society. In India, marriage is strongly linked to legal rights and duties. Over the years, people have become increasingly amenable to live-in relationships, especially in cities and among younger people. Living together without a formal partnership is allowed, but courts are beginning to recognise that long-term live-in partners require legal rights, notably regarding child custody, property, and support.
Rights Under Live-in Relationships in India
Although Indian law doesn’t recognise live-in relationships as marriage, courts have granted them some rights and privileges. These legal rights generally address child custody, maintenance, and property. The Indian court system now protects women and children after live-in relationships. The following are significant rights of live-in couples in India.
Right to Maintenance
In India, live-in support is a vital safety net, especially for women who depend on their partners for money. A live-in woman might seek her spouse for support if she can’t care for herself when the relationship ends. Women in long-term live-in relationships often lack money, leaving them vulnerable to violence once the relationship ends. Women can ask their partners for money since the law recognises their vulnerability.
She must demonstrate a steady, long-term connection for sufficient time to get help. Her living level, length of time together, and partner’s income all affect how much attention she receives. The sum may be significant if the lady was used to a specific lifestyle when they were together. Maintenance protects the lady against exploitation by providing money if the relationship ends.
Right of Inheritance of Property for Children
These cases raise key legal issues about live-in partner children’s rights to receive. Indian law gives live-in children the same property rights as married children. This includes receiving property even if the child’s father doesn’t know. Keeping children from live-in partnerships from losing their claim to the family’s property requires recognising this right.
Children born in live-in partnerships inherit property like children born in marriages. Married or single parents don’t affect the government’s treatment of children. Proof of fatherhood grants children a portion of their father’s property. After one or both parents die, the kid may inherit some of their possessions. The kid can inherit mobile and immovable property if their parent dies, protecting their money.
Property rights secure the child’s future and define a live-in child’s legal status, providing them the same rights and advantages as children born of marriage.
Children’s Custody Rights
Child custody is another major issue in live-in couples. Child custody becomes crucial after a breakup. When considering custody issues, Indian courts consider what is best for the kid if a parent is married or living together. This prioritises the child’s social and mental health and equal law treatment for both parents.
In early childhood, a mother is considered the child’s natural protector. However, the legislation also respects the father’s rights and how vital both parents are to the kid. You may get visiting privileges or split custody, depending on the circumstances. Custody arrangements depend on how well the child gets along with each parent, their financial stability, and how the family lives. The court may also consider how emotionally connected the child is to both parents to determine the safest home.
Legal protections exist for children of both parents. The most challenging aspect is getting both parents to work together to protect the child after divorce. Parents must remember that the child’s well-being comes first when arguing for custody.
Conclusion
India is revising live-in relationship laws. These couples are now safer. Although living together is not marriage, the courts have granted persons in these situations additional rights, notably regarding child custody, support, and property. These rights protect live-in partners and their children if the relationship ends.
Live-in relationships are still uncertain legally. Therefore, those in them should see a lawyer to learn about their rights and benefits. Social standards evolve; thus, the law may too. For now, cohabiting persons should know their legal options to defend themselves.
