Live-in Relationships and Legal Rights in Tricity
Live-in Relationships and Legal Rights in Tricity- Is there any law for live-in relationships in India and what does it mean for couples in Chandigarh?
The live-in relationships are legal and recognized as a fundamental right to life and liberty under Article 21 of the Indian Constitution.
The increasing number of working professionals and students in Chandigarh, Mohali, and Panchkula has led to a rise in live-in relationships. The trend has been driven by rapid urbanization, financial independence, and changing social norms.
Chandigarh is significantly accepting live-in couples, but still they have to face challenges in finding housing, as some landlords hesitate to rent their houses to unmarried couples. Despite having freedom for couples, they also face exploitation or abandonment from family and society.
While live-in relationships are socially evolving in Chandigarh, the real concern lies in understanding the legal rights and protections available to partners. Therefore, it is very important for couples to understand Live-in Relationships and Legal Rights in Tricity to protect their rights and interests.
Legal Status of Live-in Relationships in India
In our judicial system, there is no specific act like a “Live-in Relationship Act” passed by Parliament that defines, regulates or governs the rights and responsibilities of unmarried couples living together in India.
Because of this, the rights regarding property and inheritance become uncertain.
Live-in relationships do not fall under the category of marriage in codified laws such as the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.
Unlike marriage, living together does not require formal registration or a legal divorce process to end. This leaves both parties deprived of getting their protection rights.
Rights of Women in Live-in Relationships
- Women can seek monetary relief, maintenance, and compensation if subjected to abuse or financial hardship.
- If the relationship is deemed in the “nature of marriage,” the woman is treated as a wife for claiming maintenance.
- Women in live-in relationships that mirror marriage can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC), now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the PWDVA, 2005.
- A woman has the right to live in the shared household and cannot be forcibly evicted.
- If a woman proves financial contribution to a joint property, she may claim a share upon separation.
- While not legal heirs by default, courts have granted inheritance rights in specific, long-term, stable relationships
Maintenance and Financial Rights of Live-in Partner
Maintenance and financial rights in live-in relationships is not automatic like marriage. It depends upon various factors. The following points will help you in understanding them.
- The couple must have lived together for a significant period of time (two years or more) to access the rights.
- They must call themselves as partners in society and be of legal marriageable age to claim maintenance.
- Both partners have the right to live in the shared household whether it is owned or rented or owned by any partner’s parents.
- The partner cannot forcibly tell the other one to leave the house without following proper legal procedure.
- Live-in partners do not automatically inherit each other’s property, but they can claim a share in assets purchased together.
Rights of Children Born from Live-in Relationships
Children born from live-in relationships are legally protected in India. The law does not treat them as “illegal” or inferior. The Supreme Court of India has ruled that children born to parents in permanent live-in relationships are legitimate because their birth confirms their status. They possess rights to dignity and identity and legal protection which safeguard their existence.
Such children can claim:
- Parents have an obligation to provide them maintenance
- Parents must provide their children with both education and essential requirements
- Children possess the right to receive their parents’ property
However, inheritance rights to ancestral property require examination of specific personal laws. Generally, a child can claim rights in the self-acquired property of the parents.
Most importantly, the law focuses on the welfare of the child. The relationship between the parents does not reduce the legal protection available to the child.
Live-in Relationships and Legal Issues in Tricity (Chandigarh, Mohali & Panchkula)
Live-in relationships are legal for consenting adults in Chandigarh, Mohali, and Panchkula. The Punjab and Haryana High Court regularly grants protection to couples facing threats from family.
- The courts in Chandigarh, Mohali, and Panchkula recognize that living together is not a criminal offense.
- Chandigarh has designated protection homes for couples facing, with a three-member panel overseeing their safety.
- Protection is not granted if either partner is a minor; the court may place minors in a Nari Niketan or children’s home.
- Even if both partners are married to different people, they still receive protection which does not serve as a defense against charges of adultery.
- Courts require police to confirm the age and consent of both partners before they will issue protection orders.
Conclusion
The conclusion of this study shows that tricity couples need to understand live-in relationship rights because it provides essential legal protections to them. The law protects couples who do not marry through maintenance rights and children’s inheritance rights. Advocate Amit Gupta, a certified Marriage Registrar in Chandigarh, provides legal assistance for live-in relationship matters and maintenance issues and marriage registration needs at his office.
