Rights, protections, and what courts have ruled

NEW DELHI: Live-in relationships are no longer outside the scope of Indian judiciary. While there is no single legislation that specifically governs live-in couples, courts across the country have repeatedly recognised such relationships and extended several legal protections to partners, especially women and children born from such relationships.

Are live-in relationships legal in India?

Yes. Indian courts have consistently held that two consenting adults have the right to live together without marriage.The Supreme Court has ruled in multiple cases that a live-in relationship between consenting adults is not illegal or immoral. The right to choose a partner and cohabit falls under the constitutional right to life and personal liberty under Article 21.In the case of Lata Singh v. State of Uttar Pradesh (2006), a case primarily concerning inter-caste marriage and personal liberty, the Supreme Court observed that a live-in relationship between two consenting adults does not amount to any offence, and that an adult woman is free to live with anyone she chooses.

Do live-in couples get legal protection?

Yes, particularly women in long-term relationships. Under Section 2(f) of the Protection of Women from Domestic Violence Act, women in a “relationship in the nature of marriage” can seek protection against abuse, violence, emotional harassment, and economic exploitation.This means a woman in a live-in relationship may be able to claim:

However, courts generally examine whether the relationship resembled a stable marriage-like arrangement before granting such protection to anyone.

Can a woman claim maintenance in a live-in relationship?

In some cases, yes. The Supreme Court has recognised that women abandoned after long live-in relationships should not be left without remedies merely because there was no formal marriage.In Indra Sarma v. V.K.V. Sarma (2013), the court laid down factors that may help determine whether a live-in relationship qualifies as a “relationship in the nature of marriage,” including:

However, it is important to note that in this specific case, the Supreme Court denied relief to the appellant because she had knowingly entered into a relationship with a married man — meaning protection under the Domestic Violence Act is not automatic and depends on the facts of each case.

What rights do children born in live-in relationships have?

Children born from live-in relationships are considered legitimate under Indian law.In Tulsa v. Durghatiya (2008), the Supreme Court held that children born from long-term cohabitation cannot be treated as illegitimate just because the parents were not formally married.

Is there any inheritance right between partners?

This is where the law remains limited.Unlike legally married spouses, live-in partners do not automatically get inheritance rights in each other’s property unless:

Without legal documentation, surviving partners may face difficulties claiming ownership or succession rights.

Can society or family interfere?

The Supreme Court in Lata Singh v. State of UP (2006) directed police protection for couples facing threats from family members, observing that consenting adults have the right to choose how they live. Any interference — including threats or violence from family or community groups — can be challenged in court.Live-in relationships are legally recognised to a limited extent in India, mainly through court judgments rather than a dedicated law. While couples do not receive all the rights available to married spouses, Indian law does provide important protections relating to safety, maintenance, dignity, and the rights of children.Legal rights often depend on the nature and duration of the relationship, which is why documentation, shared records, and financial clarity can become important.