Submitted by asandil on 6/4/2023

In India there exist only one kind of relationships between an unrelated couple of a male and female, the said social union is formed as “marriage”, which is more of sacrament and divine concept and is practiced as a ritual since ages. But for number of reasons this concept is losing its divineness. Love cannot be the only reason to marry, sometimes marriage are forced on couples. Therefore a live in relationship introduced in society as a substitute for marriage but now days it is not left as substitute but it is having its own stand in the society and in law of the country.

Common law of marriage (Live in relationship), sometimes called ‘sui juris’ “marriage” of one’s own laws, informal marriage or marriage by habit and repute is a form of inter personal status that is legally recognized in limited jurisdiction as a marriage, even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into but the marriage is legally binding in some common law jurisdiction but has no legal consequences in others.

A common law marriage, sometimes called ‘De facto marriage (in practice but not necessarily ordered) by Law.

Dinohamy V.W.L.Blahamy:Privy council

“Where a man and a women are proved to have lived together as a man and a wife, the law will presume unless the contrary be clearly proved that they were living together in consequence of a valid marriage and not in state of concubine” furthermore the Supreme court granted legality and validity to a marriage in which the couple cohabited together for a period of 50 years.”Mohabhat Ali V.Mohamad Ibrahim Khan.

“Payal Sharma V Supritendent”

J.Katju &R.B.Mishra. :-It may be immoral but not illegal, there is a difference between law and morality.

Sh. Alok Kr. V. State (J.S. Dhingra, Delhi HC) The people who choose to have live in relationship cannot complaint of infidelity as live- in- relationship are also known to have been between a married man and unmarried women and “Vice –Versa”.

“S.Khushboo V. Kanniammal”

There is no law which prohibits live in relationship or pre.marital sex.

Reason behind live in relationship:

  1. They may want to test their compatibility before they commit to a legal union.

  2. They may want to maintain their single status for financial reasons.

  3. In some cases such as those involving gay or lesbian couples.

  4. Marriage may not be allowed by family due to married partner or partner having age difference.