Authored By: Suhani
CGC University
Introduction
The concept of live-in relationships is a western concept and new to India. In recent times it has gradually gained social and ‘legal’ visibility in India. Live-in relationship is a term which is used to refer to an agreement between two individuals living together as a couple in a house long enough without necessarily getting married. In earlier times there was no such concept of live-in relationship in our religious and cultural society. In India living together before marriage was seen as a crime or offense as per the Indian culture for a long time.
Live-in relationship concept is not recognised as a legal union in India like some other countries. However the Supreme Court of India has said that a live-in relationship without tying the knot is not a criminal offence or illegal partners living together without marriage do not have the same legal rights just like married couples but they have legal protection under laws.
This concept of live-in relationships is focused on personal freedom and a chance for the couple to know each other closely before the marriage. Urbanisation, changing social values, increased economic independence of women and exposure to global lifestyle have contributed to the growing acceptance of couple choosing to cohabit without formal marriage despite this social changes Indian law does not expressly define or regulate live-in relationships.
In the absence of codified legislation the judiciary has played a prominent role in shaping the legal status of living relationships.
Such as in the case of Lata Singh v. State of UP 2006 the Supreme Court stated that live in relationships are not illegal under any legislation irrespective of their ethical status.
Court judgments have highlighted the vulnerabilities faced by individuals in live-in relationships, sparking debates about personal autonomy, legal rights, and cultural values.
Constitutional interpretation
According to article 19 (1) (e) of the Indian constitution, every citizen of India has the right to reside and settle in any part of the territory of India. Hence the adults who wish to live together can reside anywhere and cannot be denied accommodation based on their marital status.
According to article 21 right to life and personal liberty is guaranteed to every citizen India case of Shafin Jahan v. Ashokan K.M (2018) SC held that the “right to take decisions on the matter central to the pursuit of personal happiness” was a key part of personal liberty protected under this article.
If two adults decide to stay together, even if they are not married, are entitled to protection from any threats to life.
Protection from domestic violence: Domestic Violence Act 2005
Protection under domestic violence law has wide scope that extends to women in different kinds of relation.
According to section 2(f) of domestic violence Act 2005 define domestic relationships as:
A domestic relationship is legally recognised when two persons live or have lived together in a shared household, and their relationship falls under any of these categories
- Consanguinity (blood relation)
- Marriage, relationship in the nature of marriage
- adoption or
- as family member in a joint family
It is a common misconception that such protection only extends to married women, when in fact it also extends to women in live-in relationship that is in the nature of marriage, she can apply for protection under domestic violence law if required.
Protection against domestic violence
the protection of women from domestic violence Act 2005 extends protective ambit to women in live-in relationships Under the act women in live-in relationships are entitled to the following rights:
- The right to reside in the shared household
- The right to seek Protection Orders against the respondent
- The right to claim compensation for damages suffered as a result of domestic violence
A “relationship in the nature of marriage” refers to a cohabitation arrangement that is similar to a legal marriage characterized by:
1.long-term commitment
2.shared household, and
3.public representation
as spouse granting partners rights under the PWDV Act 2005, including maintenance and protection from abuse.
While live-in relationships are generally not statutorily defined, courts require proof of significant duration and mutual obligation to establish this status, excluding casual, short-term relationships.
Legitimacy and rights of children
According to section 16 of Hindu Marriage Act 1955 and section 26 of special Marriage Act 1954 Children born out of void and voidable marriages are considered as legitimate.
These children have the right to inherit their parents property only and have no rights over the property of Hindu undivided family, and therefore cannot claim their parents ancestral property.
In SPS Balsubramanyam v. Suruttayam 1993 held that “if a man and woman are living under the same roof and cohabiting for some years there will be a presumption under section 14 of Indian Evidence Act that they live as husband and wife and the children born to them will not be illegitimate”
Maintenance rights
The courts have interpreted that phrase “relationship in nature of marriage” mean a stable long term relationship akin to marriage excluding casual or secret relationships.
Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS)
Traditionally section 144 BNSS provides maintenance to
1.wife
2.legitimate or illegitimate minor child
3.father or mother
However, courts have extended this provision to include female live-in partners, provided they meet certain legal criteria.
In Chunmuniya vs Virendra Kumar Singh Kushwaha “a woman who is party to a live-in relationship is entitled to maintenance if the relationship is of the nature of marriage”
conditions to claim maintenance in a live in relationship
1.duration and stability of relationship
2.shared household
3.exclusivity and legality
Section 125 of CRPC provides the right of maintenance to a minor. It provides the minor child whether legitimate or illlegitimate, a right to claim maintenance when the minor child himself is not able to maintain oneself.
It also provides a right of maintenance to those children whether legitimate or illegitimate who has attained majority and is incapable to maintain himself because of physical or mental abnormality.
So the child born out of live-in relationship may claim maintenance under section 125 of CRPC in the Landmark case of Dimple Gupta v. Rajeev Gupta 1973 the Supreme Court in this case held that children born out of live-in relationship or children born out of an illicit relationship is entitled to claim maintenance under section 125 of CRPC
The denial of the right of maintenance can also be challenged on the grounds of violation of article 21 which provides for the right to life and personal liberty such a denial deprive and individual of his her right to lead his her life with dignity this can also be challenged and article 32 of Indian constitution.
Children’s Custody Rights
Children’s Custody becomes an important factor when a live-in relationship comes to an end. Due to the lack of special laws governing Custody Rights of children born out of live-in relationship: hence such situations are handled by court in the same manner as marriages. The well being of the minor is the most priority concern, and the court takes it into account while determining custody.
Property Rights
While there exists no automatic right of inheritance for live-in partners under Indian law, the Supreme Court of India, in the case of Velusamy v. D. Patchaiammal (2010), has held that a live-in partner may acquire rights to property accumulated during the subsistence of the relationship.
The acquisition of such property rights is predicated upon the partner’s demonstrable contribution to the acquisition of the said property.
Challenges and Legal gaps
Despite judicial recognition several issues remain unresolved
- Absence of codified law
There is no comprehensive legislation regulating rights and obligations of live-in partners protection depends heavily upon judicial interpretation.
- Proof of relationship
Establishing a relationship in the nature of marriage requires evidence of cohabitation shared finances and social recognition which may be difficult.
- Social stigma
Despite legal protection social disapproval continues to affect women disproportionately.
4. Exploitation concerns
Women may enter relationship under the belief of future marriage and later face abandonment without advocate legal remedy.
Conclusion
Live-in relationships in India represent the intersection of tradition and modernity. Though not formally recognised under personal laws, they are no longer legally invisible. Through constitutional interpretation and progressive judgments, the judiciary has extended significant protections, particularly to women and children.
From recognising adult autonomy under article 21 to granting maintenance and legitimacy rights, Indian courts have gradually shaped a protective framework around live-in relationships. However the absence of comprehensive legislation continues to create ambiguity and inconsistency.
Judicial trend indicates an evolving understanding of family structures beyond formal marriage. As Indian society continues transform, the law must adapt to ensure dignity, equality, and protection for individuals choosing alternative forms of companionship.
There is a growing need for more clearer, more exclusive laws that balance individual rights with cultural sensitivites and attitude to evolve and accommodate diverse relationship choices in modern India.
Ultimately live-in relationship in India are no longer merely social phenomena, they are recognised legal reality shaped by constitutional values and judicial sensitivity.
