India’s Live-In Relationship Dilemma: Rights, Laws, and Reality

Amanpreet Singh | May 08, 2025, 15:39 IST

As Indian society modernizes and traditional notions of relationships evolve, live-in partnerships have gradually found space in the national discourse. Once considered taboo, these relationships—where two consenting adults choose to live together without formal marriage—are now being acknowledged both socially and legally, albeit with limitations. However, the path to legal clarity remains complex, marked more by judicial interpretation than statutory law.

Legal Status: Protected, But Not Codified

There is no standalone law in India that specifically governs live-in relationships. Yet, they are not illegal. The Supreme Court of India, in several landmark decisions, has emphasized that live-in relationships fall under the protection of Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. This constitutional shield has played a vital role in preventing such relationships from being criminalized.

Key Judicial Precedents

Indian jurisprudence on live-in relationships has evolved over time through significant rulings:

S. Khushboo v. Kanniammal (2010): The Court held that live-in relationships are not a criminal offence and fall within the ambit of personal choice.
Lata Singh v. State of U.P. (2006): The Court upheld the right of two consenting adults to cohabit, emphasizing individual freedom and protection from societal interference.
Indra Sarma v. V.K.V. Sarma (2013): This case provided a framework to distinguish relationships “in the nature of marriage” from casual cohabitation, offering legal backing especially for women in long-term live-in arrangements.

These cases have collectively established a judicial understanding that mutual cohabitation between adults, even outside wedlock, deserves dignity, respect, and legal safeguards.

Rights of Partners: Especially Women

One of the most pressing concerns regarding live-in relationships is the legal protection of partners, particularly women.

The Protection of Women from Domestic Violence Act (PWDVA), 2005 extends certain rights to women in live-in relationships who are financially dependent or subjected to abuse. This includes the right to maintenance, protection orders, and residence rights.
However, the scope of protection under this Act is not automatic. Courts usually examine the duration, social acknowledgment, and financial interdependence of the relationship to determine whether it qualifies as “in the nature of marriage.”

Importantly, no law currently guarantees inheritance or property rights to partners in a live-in relationship unless a will is involved or joint ownership is established.

Status of Children Born in Live-In Relationships

One area where the law is clear is regarding the rights of children. Indian courts have repeatedly held that children born out of live-in relationships are legitimate. These children are entitled to inherit their parents' property and are not to be treated as illegitimate under any law.

This progressive approach is crucial for protecting the dignity and future of children who are born outside traditional marriage structures.

Changing Social Landscape: Between Progress and Prejudice

While legal recognition is slowly taking shape, societal attitudes towards live-in relationships remain divided. In urban areas, particularly among younger, educated populations, these relationships are becoming more common and socially accepted.

However, in rural regions and among conservative communities, such arrangements often face social stigma, harassment, and sometimes even violence. Reports of couples being ostracized or attacked by families and communities are not uncommon.

Here, the judiciary serves as a vital line of defense, often ordering police protection or issuing directives to prevent societal interference.

Live-in relationships in India reflect the growing diversity of personal choices in a transforming society. While courts have played a pivotal role in ensuring dignity and certain rights for individuals in such partnerships, the absence of codified law leaves many aspects ambiguous and open to interpretation.

As societal norms continue to evolve, the legal system will inevitably be called upon to adapt further. The balance between personal liberty and social acceptance, though fragile, is steadily being redefined—and live-in relationships sit right at the heart of this transformation.

(This article is based on information gathered through a senior advocate)

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