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HINDU LAW — COMPREHENSIVE NOTES

Topic S-1

Live-in Relationships & Hindu Law

Supplementary Topics

Relevant Sections: Art.21 | DV Act 2005 | S.125 CrPC | Uttarakhand UCC 2024

Priority: HIGH | Exam Relevance: RJS/DJS/PCS-J

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Live-in Relationships & Hindu Law

1. Introduction

Live-in relationships (cohabitation without marriage) have no dedicated statute in India but have received extensive judicial recognition through Supreme Court jurisprudence. The intersection with Hindu law arises in three areas: (a) rights of the female partner (maintenance, protection from domestic violence); (b) rights of children born from such relationships (legitimacy, inheritance); and (c) the Uttarakhand UCC 2024, which mandates registration of live-in relationships. This topic is increasingly tested in judiciary examinations.

2. Constitutional Basis

In S. Khushboo v. Kanniammal (2010) 5 SCC 600, the Supreme Court held that live-in relationships are protected under Article 21 of the Constitution (right to life and personal liberty). Living together, though considered immoral by some, is NOT illegal. In Lata Singh v. State of U.P. (2006), the SC held that two consenting adults have the fundamental right to live together.

3. Indra Sarma v. V.K.V. Sarma — Five Categories

In Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755, the Supreme Court identified five categories of live-in relationships:

• Category 1: Unmarried adult male + unmarried adult female — most basic; no offence.
• Category 2: Married man + unmarried woman — may constitute adultery (now decriminalized) but woman can claim DV Act protection.
• Category 3: Unmarried man + married woman — similar issues.
• Category 4: Unmarried woman + married man (she is unaware of his marital status) — she deserves protection despite his deception.
• Category 5: Same-sex couples — no specific legal framework (Supriyo v. UOI 2023 did NOT grant marriage rights but recognized right to cohabit).

4. D. Velusamy v. D. Patchaiammal — Conditions for ‘Relationship in the Nature of Marriage’

In D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469, the Supreme Court laid down conditions for a live-in relationship to qualify as a ‘relationship in the nature of marriage’ under the DV Act:

• The couple must hold themselves out to society as being akin to spouses
• They must be of legal age to marry
• They must be otherwise qualified to enter into a legal marriage (i.e., unmarried)
• They must have voluntarily cohabited for a significant period of time
• They must have lived together in a shared household

5. Rights of Female Partner

A. Protection under DV Act, 2005

A woman in a ‘relationship in the nature of marriage’ can seek protection orders, residence orders, maintenance, and compensation under the Protection of Women from Domestic Violence Act, 2005. This is the primary legal protection available. However, the DV Act protects ONLY women, not men.

B. Maintenance under S.125 CrPC / S.144 BNSS

In Chanmuniya v. Virendra Kumar (2011) 1 SCC 141, the SC gave a broad interpretation to ‘wife’ under S.125, potentially including women in long-term marriage-like relationships. However, this remains debated and depends on facts.

C. No Automatic Property Rights

Unlike marriage, there is NO automatic right to share property or finances in a live-in relationship. Property rights depend on ownership, contributions, and agreements between partners.

6. Rights of Children

• Legitimacy: In Tulsa v. Durghatiya (2008) and SPS Balasubramanyam v. Suruttayan (1994), the SC held that if a couple cohabits for a long period, a presumption of marriage arises under S.114 Indian Evidence Act. Children born from such relationships are deemed legitimate.
• Inheritance: Under S.16 HMA, children born from void/voidable marriages (and by extension, long-term live-in relationships where marriage is presumed) are legitimate and can inherit their parents’ property. However, they have NO coparcenary rights in joint family property.
• Maintenance: Children can claim maintenance from the father under S.125 CrPC regardless of parents’ marital status.

7. Uttarakhand UCC, 2024 — Registration of Live-in Relationships

The Uttarakhand Uniform Civil Code Act, 2024 (implemented 27.01.2025) is the first legislation to REGULATE live-in relationships. Key provisions:

• Mandatory registration of live-in relationships with designated authorities
• Both initiation AND termination must be registered
• Failure to register is punishable with imprisonment up to 6 months
• Applies to Uttarakhand residents AND state residents living elsewhere in India
• Requires a 16-page form with Aadhaar-linked OTP
• Certificate from a religious leader that the couple is eligible to marry if they wish

This has generated significant controversy, with critics arguing it infringes on privacy rights upheld by the SC in Puttaswamy v. UOI (2017). Gujarat’s UCC 2026 contains similar provisions.

8. Key Case Law Compilation

9. Exam Tips

— End of Supplementary Topic S-1 —

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