Love, companionship, and the desire to share a life together are fundamental human experiences. While marriage has traditionally been the most accepted form of partnership in India, live-in relationships are becoming increasingly common. More couples today choose to cohabit before—or instead of—getting married. But what does the law say about these relationships? Are partners protected? What rights do they have?
In this blog, we will break down everything you need to know about live-in relationships in India—their legal standing, rights, challenges, and evolving societal acceptance.
Are Live-in Relationships Legal in India?
If you’re wondering whether live-in relationships are legal in India, the simple answer is yes. The Supreme Court has repeatedly ruled that two consenting adults have the right to live together, even if they are not married. This falls under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
For instance, in S. Khushboo v. Kanniammal (2010), the Supreme Court stated that live-in relationships are not illegal and are protected under fundamental rights.
Similarly, in Lata Singh v. State of Uttar Pradesh (2006), the Court ruled that adult couples choosing to live together cannot be harassed or punished.
However, while live-in relationships are not illegal, they do not have the same legal status as marriage, which creates complications when it comes to rights like inheritance, maintenance, and property division.
Legal Rights of Partners in Live-in Relationships
Live-in relationships do not have a dedicated legal framework in India, but courts have interpreted various laws to offer certain protections to partners.
One of the most crucial protections is against domestic violence. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) extends its provisions to women in live-in relationships. In Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court ruled that women in such relationships can seek legal protection from abuse, just as married women can.
Another key aspect is the right to maintenance. If a woman is abandoned by her partner, courts have ruled that she may be entitled to financial support. In Chanmuniya v. Virendra Kumar Singh Kushwaha (2011), the Supreme Court held that a woman in a long-term live-in relationship should be entitled to maintenance under Section 125 of the Code of Criminal Procedure (CrPC), provided the relationship resembled a marriage.
Property and inheritance rights are more complicated. Unlike married couples, live-in partners do not automatically inherit each other’s property. However, if they have contributed financially toward acquiring a property, they may claim a legal share. The Supreme Court, in Velusamy v. D. Patchaiammal (2010), stated that financial contributions can establish ownership rights. In Vidya Dhar v. Sukhrana Bai, the Court recognized that partners who cohabit for a long period may have inheritance rights unless proven otherwise.
Children born in live-in relationships have clearer legal rights. The Supreme Court has ruled in multiple cases—Tulsa v. Durghatiya (2008) and Revanasiddappa v. Mallikarjun (2011)—that such children are legitimate and have the right to inherit their parents’ self-acquired property. However, ancestral property rights remain ambiguous and often require legal intervention.
Adoption laws, however, present a challenge. Under the Juvenile Justice (Care and Protection of Children) Act, 2015 and CARA (Central Adoption Resource Authority) guidelines, only married couples or single individuals can adopt. This means that live-in couples cannot legally adopt as a unit.
There is also a growing debate on the registration of live-in relationships. While there is no legal requirement for registration, some states, such as Uttarakhand, have proposed laws making registration mandatory to provide clarity in cases of separation, property disputes, or abuse.
Challenges Faced by Live-in Couples in India
Despite judicial recognition, live-in relationships still face significant challenges in India. Social stigma remains one of the biggest hurdles, with families and communities often disapproving of such relationships. This can lead to harassment, estrangement, or even legal battles when family members contest inheritance claims.
Legal ambiguity is another major issue. Since there is no single law governing live-in relationships, partners must rely on court judgments for legal protection, making their rights uncertain. This is particularly problematic when it comes to proving the nature and longevity of a relationship in legal disputes.
Financial security is also a concern. Unlike married couples, live-in partners do not automatically qualify for joint tax benefits, pensions, or medical insurance. If a partner passes away without a will, the surviving partner may have no legal claim to their assets, making financial planning essential for those in live-in relationships.
Recent Judicial Developments
Indian courts continue to shape the legal landscape for live-in relationships. In recent years, there have been several important rulings:
The Punjab and Haryana High Court (2024) ruled that personal liberty includes the right to cohabit, granting protection to a live-in couple. In Nandakumar v. State of Kerala (2018), the Supreme Court reaffirmed that adult couples have the right to live together, regardless of social norms.
In Kamini Devi v. State of Uttar Pradesh (2020), the Allahabad High Court upheld that no one, including family members, can interfere in a live-in relationship. However, the Rajasthan High Court in Rashika Khandal v. State of Rajasthan ruled that a live-in relationship between a married and unmarried individual is not legally protected.
The Way Forward: Do We Need a Law for Live-in Relationships?
While courts have provided some protections, India still lacks a comprehensive legal framework for live-in relationships. Legal experts suggest that reforms should include a uniform policy for live-in relationships across states, clear provisions for financial and property rights, inclusion of live-in partners in social security benefits, and inheritance rights for children born in such relationships without legal hurdles.
Conclusion
Live-in relationships are a personal choice, and as society evolves, so should the law. While courts have made significant progress in protecting partners, a clear legal structure is needed to ensure fairness and security for all individuals who choose this way of life. Whether or not live-in relationships gain equal legal status to marriage, the focus should remain on dignity, protection, and legal clarity for those involved.
It’s always best to stay informed and understand your rights. If you are in a live-in relationship, make sure to plan ahead, seek legal advice when needed, and take steps to protect your interests.