Introduction
India does not have a uniform law that recognises domestic partnerships or live-in relationships as legal equivalents of marriage. This legal gap creates uncertainty, especially for Non-Resident Indians. While Indian courts acknowledge live-in relationships in limited situations, they do not grant automatic marital rights. For NRIs, the absence of statutory recognition becomes more complex due to cross-border residence, conflicting personal laws, and enforcement challenges.
What Is the Legal Status of Domestic Partnerships in India?
Indian courts recognise live-in relationships through judicial interpretation rather than legislation. The Supreme Court has held that long-term and stable domestic partnerships may fall within the protection of Article 21 of the Constitution, which guarantees the right to life and personal liberty. In Velusamy v. Patchaiammal (2010), the Court clarified that only relationships resembling marriage qualify for legal protection. In Indra Sarma v. V.K.V. Sarma (2013), the Court further categorised live-in relationships and distinguished them from casual or purely sexual arrangements.
There is no nationwide registration system for domestic partnerships. Although Uttarakhand’s Uniform Civil Code, introduced in 2024, provides a form of recognition for live-in relationships, this framework does not apply uniformly across India and does not automatically extend to NRIs. Foreign cohabitation agreements entered into by NRIs have no automatic enforceability in India and require judicial scrutiny.
What Rights And Obligations Exist In Domestic Partnerships?
Partners in a domestic partnership may claim maintenance under Section 125 of the Criminal Procedure Code if the relationship is continuous, stable, and publicly acknowledged. This provision applies irrespective of religion. However, for NRIs, jurisdiction becomes a major hurdle. Indian courts generally assume jurisdiction only if the woman resides in India at the time of filing the claim.
Property rights in live-in relationships are not automatic. Courts require proof of financial contribution or long-term cohabitation to recognise any interest in shared property. The Supreme Court in Badri Prasad v. Deputy Director of Consolidation (1978) allowed a presumption of marriage after prolonged cohabitation, but such presumptions remain fact-specific. Inheritance rights under the Hindu Succession Act do not arise unless the relationship is legally recognised as marriage. Claims resembling palimony remain uncertain and heavily dependent on evidence.
Domestic partners do not receive spousal benefits such as tax exemptions, immigration privileges, or statutory succession rights. For NRIs, foreign property laws may further conflict with Indian personal laws, increasing legal risk.
How Do Domestic Partnerships Affect NRIs Specifically?
NRIs in domestic partnerships cannot rely on NRI marriage registration mechanisms, including proposals such as the NRI Marriages Bill, 2019, which remains unenacted. This legal vacuum exposes partners to serious risks in cases of abandonment, separation, or financial exploitation. Foreign court orders ending cohabitation or granting relief do not receive automatic recognition in India.
Indian embassies and consulates do not provide services related to domestic partnerships. Overseas Citizen of India and PIO status remains unaffected by such relationships. Issues related to children born from live-in relationships require separate legal proof of legitimacy under Section 112 of the Indian Evidence Act. While formal marriages abroad may attract the Foreign Marriage Act, 1969, live-in relationships do not receive similar recognition under principles of international comity.
How Do Domestic Partnerships Compare With Marriage For NRIs?
Domestic partnerships receive recognition only through judicial interpretation and on a case-by-case basis. Marriage, on the other hand, enjoys statutory recognition under laws such as the Hindu Marriage Act and the Special Marriage Act. Maintenance in live-in relationships is limited and discretionary, while married spouses enjoy comprehensive maintenance rights. Property rights in domestic partnerships depend entirely on proof of contribution, unlike marriage, where statutory succession applies. Enforcement of rights for NRIs in domestic partnerships remains weak due to jurisdictional objections, whereas marital rights benefit from clearer enforcement mechanisms. There is no uniform registration for domestic partnerships, while marriage registration is mandatory in several states, particularly for NRIs.
Conclusion
Domestic partnerships in India remain legally fragile, especially for NRIs navigating cross-border personal laws. While courts provide limited protection to long-term live-in relationships, the absence of statutory recognition creates uncertainty in matters of maintenance, property, and child rights. For NRIs, these risks multiply due to jurisdictional barriers and lack of international recognition. Legal formalisation through marriage continues to offer stronger protection and enforceability under Indian law.
