The legal aspects of live-in relationship in India

India is still a country that is looked upon by the entire world where values dominate the entire social fabric. Two persons, including a male and female, are allowed to live together only when they are married. But with the rapidly changing socio economic scenario, the human relationships have also witnessed drastic changes.

On the social front, the term live-in relationship has been one of the most talked-about and written-on issues in India in the recent past. It has gained an awesome popularity particularly among those youths who are living and working in metro cities across the country. Before proceeding ahead, let’s understand the concept of live-in relationship.

A live-in relationship can be defined in a way when two persons, a male and a female start living together without getting traditionally or lawfully married. It has always been one of the most talked-about subjects whether this kind of relationship is long-lasting or not. It has also been criticised by the moralists or puritans on the grounds of degradation in social values.

Most of the critics are strongly of the view that this type of relationship can never be replaced with the married life. As per the views of social engineers, the person living in live-in relationship can never comprehend the real meaning and seriousness of marriage.

Despite continuing social debate over the issue, the Supreme Court has held that a live-in relationship between two consenting adults is neither a crime nor a sin. In S. Khushboo v. Kanniammal (2010), the Supreme Court held that two adults living together by choice cannot be treated as committing any offence, and that such cohabitation falls within the right to life and personal liberty guaranteed by Article 21 of the Constitution.

Far from being unrecognised by law, certain live-in relationships are in fact protected. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) covers a woman in a “relationship in the nature of marriage”, entitling her to remedies such as protection orders, residence and maintenance. In D. Velusamy v. D. Patchaiammal (2010) and Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court laid down the tests for when a live-in relationship qualifies as a “relationship in the nature of marriage” under the Act — broadly, where the couple holds themselves out to society as spouses, are of legal age to marry and are otherwise qualified to marry, and have voluntarily cohabited for a significant period in a shared household.

The law has also clarified the position of children. A child born of a long-term live-in relationship is treated as legitimate and is entitled to inherit the parents’ property, including, in appropriate cases, ancestral property.

A significant recent development is the Uttarakhand Uniform Civil Code (UCC), 2025, which for the first time requires live-in relationships within the State to be registered with the Registrar, makes registration mandatory, and provides for maintenance for a deserted live-in partner and legitimacy for children born of such relationships. This is the first statute in India to expressly regulate and register live-in relationships, and similar measures may follow in other States.

Whatever directions the Court has given are just the initials on this issue. In a country like India where even today an arranged marriage scores very heavily over love marriage, the chances of social acceptance and success of live-in relationship fall under countless suspicions and apprehensions. There are so many things associated with this issue both socially and practically. A large number of social engineers are of the view that it’s a woman who will always suffer in this type of relationship.

The puritans are of the view that it’s just like enjoying sensual pleasures without any sense of responsibility, and in Indian society it will never be acceptable. Therefore, let the people having this type relationship decide the pros and cons of their relationship till the law of the land issues the guidelines to follow.

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