Legal Rights of a Spouse in a Live-in Relationship in India

 1. Protection Under the Domestic Violence Act

One of the major legal safeguards for women in live-in relationships comes under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). According to the Act, women who are in live-in relationships that resemble the nature of marriage are granted the same protections against domestic abuse as legally married women.

 This includes:

- Protection from physical, emotional, sexual, verbal, and economic abuse,

- Right to claim maintenance,

- Right to reside in a shared household, and

- Right to seek compensation for harm or distress caused.

 2. Right to Maintenance Under Criminal Procedure Code

 The Supreme Court of India has interpreted Section 125 of the Criminal Procedure Code (CrPC) to also extend to women in long-term live-in relationships. If the relationship mirrors that of marriage-meaning it is stable, continuous, and recognized by society-the woman can claim maintenance if she is deserted without sufficient reason.

 3. Legitimacy and Inheritance Rights of Children

 Children born from live-in relationships are considered legitimate in the eyes of the law. This means they:

- Are entitled to inherit the self-acquired and ancestral property of their parents,

- Cannot be discriminated against solely because of the nature of their parents' relationship.

 4. Property Rights Between Partners

 
While live-in partners do not have automatic inheritance rights over each other's property, there are legal remedies if:

- One partner has made significant contributions (financial or otherwise) to a property jointly held or acquired during the relationship.

- In such cases, a claim to a share in the jointly owned or acquired assets can be made, provided that adequate proof of contribution is established.

 5. Registration Under Uniform Civil Code (Uttarakhand) 

 With the introduction of the Uttarakhand Uniform Civil Code, the state has taken a progressive step by mandating registration of live-in relationships. This legal recognition:

- Offers clarity and accountability,

- Potentially strengthens rights related to maintenance, property, and custody,

- Helps in reducing legal ambiguities surrounding the relationship.

 6. Constitutional Protection: Article 21

 Finally, Article 21 of the Indian Constitution, which guarantees the Right to Life and Personal Liberty, protects the freedom of consenting adults to live together without interference. This includes:

- The right to privacy,

- The right to choose a partner, and

- Protection from societal or familial coercion.

 Final Thoughts :

Though live-in relationships still carry a social stigma in many parts of India, the legal system has made commendable strides in ensuring the protection and recognition of individuals - especially women and children - in such arrangements. From maintenance to inheritance and the right to live with dignity, the evolving jurisprudence continues to support the rights of partners outside traditional marriage structures.

If you're in a live-in relationship or considering one, understanding your legal rights can help you make informed decisions and protect your interests.