What is the Legal Status of Live - In Relationship | UPSC | Drishti IAS English

India does not have any laws that directly address a live-in partnership. As per the top Court, for a man and a woman to live together is part of ‘the right to life’; therefore, a live-in relationship is no longer an offence. The Supreme Court in its various judgments has stated that a man and a woman living like a husband and a wife in a long-term relationship, and even have children, the judiciary will presume that the two were married and that the same laws would be applicable to them and their relationship. The concept of a live-in relationship was recognized in Payal Sharma versus Nari Niketan by the Allahabad High Court, where the judges felt, “A man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but it is not illegal. There is a difference between law and morality. The Lucknow bench of the Allahabad High Court stated earlier this month that a Muslim cannot claim rights in a live-in relationship when he or she has a living spouse.

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