• 14 Mar 2025

Understanding Live-in Relationships in India: Legal Rights and Social Realities

“Can a man and woman live together without getting married?” 

“Is a live-in relationship legal in India?”

“Do women in live-in relationships have any legal rights?”

These are some of the pressing questions surrounding the concept of live-in relationships in India a subject that continues to provoke legal, moral, and societal debates. In this article, we explore the current legal framework, important court rulings, and the rights of women and children in such relationships.

What is a Live-in Relationship?

A live-in relationship refers to an arrangement where an unmarried couple lives together under the same roof in a relationship akin to marriage, without undergoing a formal or legal ceremony. While socially contentious in India, the judiciary has offered increasing legal clarity over the years.

Legal Status of Live-in Relationships in India

Contrary to traditional beliefs, live-in relationships are not illegal in India. The Indian Constitution, through Article 21, guarantees every adult the right to life and personal liberty. This includes the right to cohabit with a partner of one’s choice, provided both are consenting adults.

Supreme Court Judgments Supporting Live-in Relationships

In the landmark case of S. Khushboo v. Kanniammal (2010), the Supreme Court held that live-in relationships are not a criminal offense and cannot be considered immoral merely because they fall outside the institution of marriage. Similarly, in Lata Singh v. State of U.P. (2006), the Court reiterated that two adults have the right to live together, regardless of societal disapproval.

Moreover, the 2018 judgment in Joseph Shine v. Union of India struck down Section 497 of the Indian Penal Code (Adultery), decriminalizing consensual adult relationships outside of marriage, further supporting the legality of live-in arrangements.

Can a Married Person Be in a Live-in Relationship?

This remains a controversial issue, but courts have leaned toward personal autonomy. In Yash Pal & Anr. vs. State of Haryana, the Punjab & Haryana High Court clarified that courts are not concerned with the moral implications of such arrangements but with ensuring the safety and rights of individuals. Even if one partner is married, the court held that the live-in relationship could not be deemed illegal.

However, such relationships might be grounds for divorce under civil law but do not constitute a criminal act anymore due to the decriminalization of adultery.

Can Women in Live-in Relationships Claim Legal Rights?

Yes, under certain conditions. The Protection of Women from Domestic Violence Act, 2005, offers legal safeguards to women in live-in relationships that resemble a marital arrangement. The law refers to such setups as “relationships in the nature of marriage.”

Domestic Violence Act and Legal Remedies

If a woman faces abuse in a live-in relationship, she can seek:

• Protection Orders under Section 12
• Financial Compensation under Section 20
• Maintenance if she is economically dependent on the partner
• Compensation for mental or physical harassment under Section 22

However, short-term or purely sexual relationships do not qualify for these legal protections.

Additionally, under Section 125 of the CrPC (now reflected in BNSS Section 144), a woman in a stable live-in relationship may be entitled to maintenance as a “de facto wife.”

Do Women Have Property Rights in Live-in Relationships?

Generally, women in live-in relationships do not have rights over the partner’s property unless:

• The property is jointly owned
• The woman is named in a will

Indian succession laws like the Hindu Succession Act, 1956, do not equate live-in partners to legally wedded spouses. Hence, unless legal ownership is established, the woman has no automatic claim.

What Happens if a Partner Abandons the Relationship?

If a woman is abandoned, she may:

1. File for protection or maintenance under the Domestic Violence Act
2. File a maintenance case under Section 125 CrPC / Section 144 BNSS
3. File a complaint under BNS Section 318 for cheating
4. Seek custody of children under the Guardian and Wards Act, 1890

Rights of Children Born from Live-in Relationships

The rights of children born from live-in relationships have been addressed progressively by Indian courts.

Legitimacy and Inheritance

In Revanasiddappa v. Mallikarjun (2011), the Supreme Court ruled that children born from live-in relationships are legitimate. This aligns with Article 14 of the Constitution, ensuring such children are not discriminated against.

These children may inherit the father's self-acquired property, provided the relationship was stable and long-term. However, claims over ancestral property are more complex and depend on proving the permanence of the parental relationship.

Guardianship Rights

The mother is typically recognized as the primary guardian under the Hindu Minority and Guardianship Act, 1956. In ABC v. State (NCT of Delhi) (2015), the Supreme Court affirmed the mother’s right to guardianship, even in the absence of marriage.

Conclusion: Should Live-in Relationships Be Given Equal Legal Status as Marriage?

Live-in relationships are no longer illegal in India, but they do not enjoy the same legal standing as marriages in areas like property rights and inheritance. Women and children do have some protections, but only when the relationship mimics marriage in structure and duration.

As Indian society evolves, a larger debate continues:

• Should live-in couples receive the same legal rights as married couples?
• Should the law offer stronger protections for women and children in these relationships?
• Or should marriage and live-in relationships remain distinct in the eyes of the law?

Your opinion matters. The law may protect your choices—but only when you’re aware of your rights.

Disclaimer

The contents in this article are just for informational purposes only. Efforts have been made to ensure the accuracy and reliability of information, the author(s) and publisher do not guarantee its completeness or precision. Any matter written in this article does not express the opinion of the author or the publisher. Additionally, it does not reflect the views of the organisation. Readers should self-analyse the information and perceive accordingly. The author(s), The publisher and the organisation are not responsible for any losses or damage occurring due to the interpretation of the article.