Author: Nikita Agarwal, Bharati Vidyapeeth Deemed University Delhi
Abstract
Live-in relationships are growing more common in cities even though they are socially unacceptable in India. The legal system has gradually responded to this social evolution through judicial activism and interpretation, despite the absence of a specific statutory framework. This article explores the recognition of live-in relationships under Indian constitutional law, especially Article 21, and under protective statutes like the Protection of Women from Domestic Violence Act, 2005. In studying of landmark cases like Indra Sarma v. V.K.V. Sarma and D. Velusamy v. D.
Patchaiammal, which define the legal status and rights of partners, particularly women. The article also addresses concerns regarding the legitimacy of children, property rights, and police interference. Through this study, the article highlights the need for a clear legislative framework to balance personal liberty with legal certainty in such relationships.
Introduction
A live-in relationship refers to an arrangement where an unmarried couple lives together in a domestic setting akin to marriage, without formally registering their union. While Indian society has long perceived such relationships as taboo, the judiciary has taken progressive steps to safeguard the fundamental rights of individuals choosing such an arrangement. The absence of a specific statute, however, often leads to interpretative challenges.
Use of Legal Jargon in Summary
Cohabitation: Living together without marriage.
Presumption of marriage: A legal inference under Section 114 of the Evidence Act based on conduct.
Domestic relationship: Defined under Section 2(f) of PWDVA.
Legitimate child: A child entitled to inheritance rights.
Right to life and personal liberty: Article 21 protection.
Relationship in the nature of marriage: A key phrase for entitlement under the PWDVA.
Walk-in/walk-out relationship: Informal, short-term, non-exclusive arrangements not protected under law.
Honor crime: Illegal act committed against couples for violating societal norms.
Jurisprudence: The philosophy and development of legal principles through judgments.
Legal Provisions & Framework
Although live-in relationships are not codified under Indian personal or civil laws, the legal framework has evolved through judicial pronouncements:
Article 21 of the Constitution: Courts have upheld that adults have the autonomy to cohabit with whom they wish, invoking the right to life and personal liberty.
The Protection of Women from Domestic Violence Act, 2005 (PWDVA): The term “relationship in the nature of marriage” under Section 2(f) extends certain rights and protections to women in live-in relationships, including protection against abuse, maintenance, and residence orders.
Evidence Act, 1872: Under Section 114, a presumption of marriage may be drawn when a man and woman cohabit for a long period as husband and wife.
Landmark Case Laws
Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755
The Supreme Court laid down five criteria to determine whether a live-in relationship qualifies as a “relationship in the nature of marriage” under the PWDVA:
Duration of relationship
Shared household
Pooling of resources
Sexual relationship
Social status and conduct of parties
The Court held that not all live-in relationships are protected under the Act, especially if they are “walk-in and walk-out” in nature.
S. Khushboo v. Kanniammal (2010) 5 SCC 600
The Court observed that living together without marriage is not an offence. It stated that morality and criminality are not co-extensive and upheld individual autonomy.
D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469
The Court defined “relationship in the nature of marriage” and distinguished it from “keep” relationships. Only those fulfilling marital obligations and responsibilities qualify for protection under the PWDVA.
Lata Singh v. State of U.P. (2006) 5 SCC 475
The Court noted that a major girl has the freedom to live with whoever she chooses. It denounced honour killings and social ostracism of inter-caste and live-in couples.
Challenges and Concerns
In India, live-in relationships still face several social and legal obstacles that prevent them from being widely accepted and operating smoothly, even in the face of judicial recognition and increasing urban acceptance. In addition to impacting the individuals involved, these difficulties also reflect a broader societal resistance to change.
Social Stigma and Moral Policing
The pervasive social stigma associated with cohabitation is one of the biggest obstacles. In many parts of India, cohabitation without marriage is still considered morally unacceptable, especially for women. Couples are often subjected to moral policing by neighbors, local vigilante groups, or even police authorities, despite the legality of their union. This creates a hostile environment that discourages individuals from exercising their fundamental rights.
Housing Discrimination
Live-in couples frequently face discrimination from landlords and housing societies, who refuse to rent out properties to unmarried couples, citing “society rules” or “family values.” There is no specific legal protection against such discrimination, leaving many couples to either lie about their status or compromise on their living conditions. This is a daily, lived challenge that even progressive judicial decisions have yet to fully address.
Lack of Legal Codification
While courts have interpreted existing laws to provide protection in some cases, the absence of a comprehensive legal framework creates inconsistency and uncertainty. Under the Protection of Women from Domestic Violence Act of 2005, phrases such as “relationship in the nature of marriage” are ambiguous and open to judicial interpretation. Without a codified law outlining rights related to maintenance, custody, property, and succession, live-in partners remain legally vulnerable.
Gender Bias and Lack of Inclusivity
The current legal protection under PWDVA is primarily focused on protecting women, leaving men and LGBTQIA+ partners in live-in relationships outside its protective scope. This reflects a gender-biased and heteronormative approach to cohabitation. Without inclusive and gender-neutral laws, many individuals in non-traditional relationships are denied access to justice.
Inheritance and Property Rights
Children born out of live-in relationships, though declared legitimate by the courts, often face complications in inheriting ancestral or joint property, especially in the absence of clear documentation or family support. Similarly, partners in live-in relationships do not have automatic rights to each other’s property, leading to disputes in case of separation or death.
No Joint Adoption Rights
Under current Indian adoption laws, unmarried couples cannot adopt a child jointly, regardless of the stability or duration of their live-in relationship. This creates an emotional and legal barrier for partners who wish to raise a family outside of marriage. Even if one partner adopts a child as a single parent, the other partner has no legal status in the child’s life.
Custodial and Parental Rights
In the case of separation, disputes over custody of children born in live-in relationships become legally complicated. Since there is no law directly governing such relationships, courts rely on family law principles applicable to married couples, which may not always suit the nuances of a live-in arrangement.
Absence of Social Security Benefits
Partners in live-in relationships are not entitled to social security benefits, pension rights, insurance claims, or next-of-kin recognition that legally married couples enjoy. This puts them at a disadvantage, especially in cases of medical emergencies or death, where hospitals or insurers may not recognize the partner as a legitimate decision-maker or beneficiary.
Victimization in Legal Disputes
In the absence of formal recognition, one partner (usually the woman or the financially dependent partner) may be easily abandoned without legal recourse. Since the law does not mandate registration or documentation of such relationships, proving cohabitation, financial interdependence, or emotional commitment becomes difficult in legal disputes.
Psychological and Emotional Burden
Live-in couples often live under constant scrutiny and emotional pressure — from families, colleagues, and society at large. The fear of social judgment, lack of acceptance, and absence of legal guarantees can have long-term psychological impacts, especially for women, who are disproportionately judged and often blamed for “immoral” conduct.
Suggestions to Change Public Perception of Live-in Relationships in India
Legal Codification and Clarity
The foremost step toward changing societal attitudes is to provide clear legal recognition of live-in relationships. The lack of a comprehensive statute leads to confusion, misinformation, and moral judgment. By codifying live-in relationships in Indian family law — or through amendments in the Protection of Women from Domestic Violence Act or other personal laws — the rights of individuals in such arrangements can be protected. Legal acknowledgment will affirm that cohabitation between consenting adults is not only lawful but also entitled to the same protections as marital relationships in certain contexts. When the law respects individual choices, society tends to follow.
Educational Reform and Awareness
Education plays a vital role in reshaping conservative social norms. Introducing concepts like personal liberty, gender equality, consent, and alternative family structures into school and college curricula will foster a more progressive and inclusive mindset among youth. Classroom discussions on changing relationship dynamics, the right to choose one’s partner, and the importance of constitutional values will help in normalizing live-in relationships. Educated individuals are more likely to respect personal freedom and less likely to judge based on outdated cultural expectations.
Positive Media Representation
One of the most effective means of bringing about social change is the media. Unfortunately, Indian films and television often depict live-in relationships as scandalous, immoral, or inherently problematic. This representation reinforces negative stereotypes. By contrast, responsible storytelling that portrays live-in relationships as consensual, emotionally committed, and realistic can shift public perception. Popular web series and progressive cinema should aim to show such relationships in everyday life — free from judgment and rooted in mutual respect.
Judicial Outreach and Legal Literacy
While the Indian judiciary has recognized live-in relationships as valid under Article 21, the general public remains unaware of these rulings. Supreme Court and High Court judgments protecting the autonomy of adults in cohabitation must be widely publicized in local languages and explained in accessible formats. Further, sensitization of lower courts and police is essential to curb unlawful interference and moral policing. A legally aware society is better equipped to challenge social taboos and uphold individual rights.
Community and Religious Dialogue
Therefore, changing perceptions requires engaging with community leaders, religious institutions, and cultural organizations. Dialogues that emphasize constitutional morality — as separate from personal or religious morality — can help communities evolve. Encouraging conversations that prioritize dignity, choice, and personal happiness can gradually replace rigid adherence to outdated norms.
Protection Against Harassment and Discrimination
Couples in live-in relationships frequently face societal harassment, especially when it comes to renting homes or living in conservative neighborhoods. Legal safeguards must be enacted to protect such couples from discrimination by landlords, employers, or police authorities. Establishing legal aid helplines, housing rights campaigns, and punitive measures against harassment will create a safer environment for live-in couples. When people feel protected by law and policy, societal judgment becomes less of a barrier.
Gender-Neutral and Inclusive Reforms
Currently, protections offered under the Protection of Women from Domestic Violence Act are largely limited to women in heterosexual relationships. This leaves men and LGBTQIA+ partners vulnerable and unprotected. Laws must be revised to adopt a gender-neutral and inclusive approach. Recognition of same-sex live-in relationships and equitable treatment of all cohabiting partners regardless of gender or sexual orientation will reflect India’s commitment to dignity, equality, and non-discrimination.
A Holistic Approach for Social Change
Changing public perception of live-in relationships is not a matter of one reform — it requires a layered and holistic strategy. Law, education, media, community engagement, and protection mechanisms must all work together to build acceptance. Live-in relationships must be seen not as a rebellion against tradition but as a legitimate lifestyle choice under the umbrella of personal freedom and constitutional protection. With sustained efforts, Indian society can evolve to embrace this reality with openness and respect.
Conclusion
Live-in relationships in India occupy a complex intersection between constitutional freedoms and deep-rooted social norms. While the judiciary has consistently upheld the right of consenting adults to cohabit under Article 21 of the Constitution, societal acceptance remains limited, often hindered by moral policing, cultural stigma, and legal ambiguity. It is clear that legal recognition alone is not sufficient — a broader social transformation is needed. This transformation must be driven by inclusive education, gender-neutral laws, positive media narratives, and proactive community dialogue. By fostering a culture that respects autonomy, equality, and dignity, India can move toward a more progressive and empathetic society where personal choices in relationships are honored rather than condemned. The journey from legal tolerance to social acceptance is long, but essential — and it begins with awareness, reform, and open-mindedness.
FAQS
Is live-in relationship legal in India?
Yes, it is legal. The courts have recognized the right of consenting adults to cohabit without marriage under Article 21.
Do women in live-in relationships have rights?
Yes, under the PWDVA, women in qualifying live-in relationships may claim protection, maintenance, and residence rights.
Can police interfere in a live-in relationship?
No, if the parties are adults, police have no authority to interfere unless there’s a breach of law.
Can live-in partners adopt a child?
While individual adoption is allowed, joint adoption by unmarried partners is not recognized under current adoption laws.
