LIVE-IN RELATIONSHIPS UNDER INDIAN LAW: LEGAL RECOGNITION AND SOCIAL REALITIES

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This article is written by Oyeshree Jana of 2^nd Year of National Law University, Tripura, an Intern under Legal Vidhiya

Table of Contents

ABSTRACT

In the world of globalisation, a significant rise has been seen in the number of live-in relationships. The live-in relationships are characterized by the cohabitation of two consenting adults without marriage. Such occurs as a significant socio-legal phenomenon especially in the contemporary era of the Indian subcontinent. It reflects the tension between the constitutional freedoms and the traditional notions of the pre-existing society. The blog comprehensively examines the legal recognition of such social phenomenon; the judicial evolution and the embedded social realities in the Indian society. The blog discusses about such social phenomenon where no absolute legal statute exists nationwide, however the Supreme Court has progressively affirms the legitimacy of such phenomenon in accordance to Article 21 of the Indian Constitution, that is, the right to life and personal liberty through landmark judgements like Lata Singh v State of UP (2006), S. Khushboo v Kanniammal (2010) and Indra Sarma v V.K.V Sarma (2013) which recognises stable union of two consenting adults as in the nature of marriage for the protection of their rights. The key legal safeguards include the Protection of Women from Domestic Violence Act 2005; extending the residency rights, protection orders, maintenance to qualifying women, Section 125 CrPC which is now Section 144 of BNSS for financial support and palimony claims based on equity and contribution of their partners in union. Even if such union involve children, such children bear legitimacy under Sec 16 of the Hindu Marriage Act of 1955 even with the inheritance and maintenance rights. Although property dispute exists due to the lack of evidentiary burdens. The blog advocates a proposed Live-in Relationships Act for the standardized regulation, registration, systematic protection of rights while cohabitation agreements. Comparative insights are taken from the other nations like the US, UK that highlights the hybrid characteristics of India’s judicial model. Ultimately, this legal system advocates for the harmonization of autonomy with equity demands on legislative decision making that potentially aligns with the evolving needs of society; empowering couples while mitigating the vulnerabilities of the changing needs of the contemporary Indian society.

KEYWORDS

Live-in Relationships, Indian Law, Supreme Court, Domestic Violence Act, Maintenance rights, Social stigma.

INTRODUCTION

A live-in relationship refers to an arrangement where two unmarried individuals cohabit and share a long-term domestic life without formalising their relationship through marriage. Such relationships are based on mutual consent and do not involve legal formalities akin to marriage. The live-in relationships can be simply defined as the cohabitation of two unmarried consenting adults without going through the marriage. Such social phenomenon has gained popularity in urban Indian society amid a significant shift in social norms. The current Indian legal statutory situation provides a partial recognition of live-in relationships through various judicial interpretations while the social stigma continues to persists. The live-in relationships are not illegal in nature in case two consenting adults are willing to cohabit together. In accordance to Article 21 of the Indian Constitution, that is, the right to life and personal liberty; the court distinguish the live-in relationships from casual relationships depending on the various factors like duration, shared household, public representation and other factors. There exists no universal uniform civil code that entirely regulates the functioning of live-in relationships nationwide. Although, the Uttarakhand’s 2025 Uniform Civil Code mandates the registration of such live-in relationships showcasing a shift in state oversight. The Supreme Court showcased various landmark judgements like in Lata Singh v State of Uttar Pradesh (2006) that affirmed that live-in relationships invite no legal interference. Whereas, Khusboo v Kanniammal (2010) upheld that such live-in relationships are a part of the freedom guaranteed under Article 21 of the Indian Constitution; rejecting criminality despite moral disapproval. In Indra Sarma v V.K.V Sarma (2013), the Court categorized such relationships into types, granting marital status to those live-in relationships that showcases potential stability with shared responsibilities among both the consenting adults forming such type of union. In the case, Velusamy v D Patchaiammal (2010) clarified that only such relationships that possess the status protection of their rights that are publicly acknowledged and enduring; especially excluding the adulterous involvements. In Chanmuniya v Virendra Kumar Singh Kushwaha (2011) expanded the right to attain maintenance for long term stable partners. The D Velusamy and Indra Sarma emphasized the use of pooling of resources and domestic roles as key tests. In recent rulings, like Nandkumar v State of Kerala (2018) it was held that adult autonomy must be reinforced in cohabitation. Several protections are guaranteed under the Protection of Women from the Domestic Violence Act of 2005. For instance, in Section 2(f) of this Act covers the all relationships in the nature of marriage that extends such relief to protection of rights like residence rights, monetary compensation to qualifying live-in partner especially women. The Courts grant the residence in case of shared households regardless of whosoever ownership, preventing the situation of eviction. All of such actions applies to physical, emotional, economic and social abuse and extends to custody issues provided that the relationship has shown stability beyond reasonable doubt.

ASSOCIATED RIGHTS IN LIVE-IN RELATIONSHIPS

Women in such qualifying live-in relationships that showcases genuine stability in public forum can potentially claim the maintenance under Sec 125 CrPC which is now Sec 144 of BNSS 2023. Provided that such claim can only be made depending on the financial dependency of the partners and duration of that relationship. Simply, palimony can be defined as attainment of maintenance post separation that potentially stems from the judicial equity. For instance, in Madan Mohan Singh v Rajni Kant, there exists a presumption of marriage after prolonged cohabitation. The factors of this case depended on contributions to household and finances where men rarely claim symmetrically. In case, such live-in relationships involve children out of such union; then such children are given legitimate status as per the Sec 16 of the Hindu Marriage Act of 1955 that also provides the right to inherit the parental self-acquired property. In accordance with the Section 125 of CrPC that is Sec 144 of BNSS mandates the maintenance right to legitimate or illegitimate children in order to ensure no discrimination. In Tulsi v Durghatiya (2008) and in PV Susheela v Komalavally; the Kerala High Court affirmed that dignity and inheritance are to be maintained under liberties given in Article 21 of the Indian Constitution. Although, several disputes arose due to property claims under the Hindu law, that results in vagueness. The property and inheritance issues in still persists in today’s era. The partners lack an automatic inheritance right to each other and claim arises from contribution to joint assets as per the Velusamy case law. There is a spousal succession under the Hindu Succession Act in case of marriage whereas as in live-in relationship, no such status exist that confers the coparcenary rights. The cohabitation agreements can clarify the property shares mitigating several disputes amid legal evolutions that have gone through till the year 2025.

SOCIAL REALITIES

The live-in relationships are said to thrive enormously in several metropolitan cities in India, namely Mumbai and Delhi that potentially signals towards the modernity but at the same time those individuals face familial rejection, rental biases and workplace stigma. Several studies and surveys have showcased that the youth openness to live-in relationships stands at 75% for analysing the compatibility of both partners before settling for marriage. But women take such live-in relationships more seriously as compared to men; that affects the family dynamics in a negative way. The nationwide disapproval persists due to different cultural moral views on marriage and companionship that results in causing ostracism despite residing in a modern, urban prevalence. Such stigma leads to the psychological distress, low self-esteem and non-recognition that often exacerbates vulnerabilities within oneself. The rising era of globalisation promotes such social phenomenon in urban Indian society. Yet, the rural Indian society lacks acceptance in such live-in relationships. For instance, the Uttarakhand’s Uniform Civil Code of 2025 highlights the tension between the privacy concerns of such partners with regulation of standardized protection. The judicial tests vary from one another that results in inconsistency in rulings with no proper statutory definition of the live-in relationships. The social hesitance among individuals in such union deters claims where police often undervalue such complains. The protection on the part of men had a significant regulatory gap on its part. The decriminalization of adultery in 2018 landmark judgement of Joseph Shine v Union of India indirectly influence the exposal of such gap. The court urge the legislative clarity on definitions and symmetry of rights on the live-in relationships. The cohabitation agreements that are coupled by prenups could regulate and standardized protections of individuals participating in such unions.

CONCLUSION

As Indian society modernizes, harmonizing the law with changing societal needs demands proactive reforms. Couples should document their finances and intent to leverage existing safeguards. Meanwhile, the judicial evolution continues filling voids, but the statutes would ensure equity. The blog advocates a proposed Live-in Relationships Act for the standardized regulation, registration, systematic protection of rights while cohabitation agreements. Comparative insights are taken from the other nations like the US, UK that highlights the hybrid characteristics of India’s judicial model. Ultimately, this legal system advocates for the harmonization of autonomy with equity demands on legislative decision making that potentially aligns with the evolving needs of society; empowering couples while mitigating the vulnerabilities of the changing needs of the contemporary Indian society. Live-in relationships in India are gaining gradual acceptance, backed by judicial support and evolving societal norms. However, they still lack the comprehensive legal framework afforded to marriage, making proactive measures like estate planning and legal documentation crucial. For individuals in live-in relationships, understanding their legal rights and responsibilities is essential to protect their interests and ensure a secure future. By addressing property, inheritance, and maintenance issues through appropriate legal channels, live-in couples can navigate their relationships with confidence and clarity.

REFERENCES

Chanmuniya v Virendra Kumar Singh Kushwaha (2011) 4 SCC 443.
D Velusamy v D Patchaiammal (2010) 10 SCC 469.
Indra Sarma v VKV Sarma (2013) 15 SCC 755.
Joseph Shine v Union of India (2019) 3 SCC 39.
K S Puttaswamy v Union of India (2017) 10 SCC 1.
Lata Singh v State of UP (2006) 5 SCC 475.
Madan Mohan Singh v Rajni Kant (2013) 2 SCC 311.
Nandakumar v State of Kerala (2018) 14 SCC 1.
S Khushboo v Kanniammal (2010) 5 SCC 600.
Tulsa v Durghatiya (2008) 1 SCC 520.
Velusamy v D Patchaiammal (2010) 10 SCC 469.
Bharatiya Nagarik Suraksha Sanhita 2023, s 144.
Hindu Marriage Act 1955, s 16.
Protection of Women from Domestic Violence Act 2005, s 2(f).
Uniform Civil Code (Uttarakhand) 2024.
BNB Legal, ‘Rights of a Woman in a Live-in Relationship in India: Legal Status and Landmark Judgments’ (11 April 2025) https://bnblegal.com/article/rights-of-a-woman-in-a-live-in-relationship-in-india-legal-status-and-landmark-judgments/ accessed 1 February 2026.
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GS Bagga, ‘What are the Rights of a Child Born in a Live-in Relationship in India?’ (28 December 2021) https://gsbagga.com/blog/what-are-the-rights-of-a-child-born-in-a-live-in-relationship-in-india/ accessed 1 February 2026.
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Prime Legal, ‘Rights of Live-In Partners Under the Domestic Violence Act: Legal View’ (21 November 2025) https://blog.primelegal.in/rights-of-live-in-partners-under-the-domestic-violence-act-a-legal-analysis/ accessed 1 February 2026.
Thada Associates, ‘Can Live-in Partners Claim Alimony or Maintenance under Indian Law?’ (22 July 2025) https://thadaassociates.in/can-live-in-partners-claim-alimony-or-maintenance-under-indian-law accessed 1 February 2026.

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