Legal Love? The Supreme Court’s 2024 Stand on Live-In Relationships in India

Author: Payoshni Patil, Vasantrao Pawar College, Baramati, Pune

To The Point

In India, the legal status of live-in relationships has evolved significantly over the past two decades, moving from social disapproval to judicial recognition. These relationships, where unmarried couples choose to cohabit without entering into a formal marriage, are no longer considered immoral or illegal by the courts. However, legal protection and clarity surrounding such arrangements remained limited until recently. The Supreme Court’s 2024 judgment marks a crucial turning point in this regard. The Court acknowledged that live-in partners—especially women—often face abandonment, abuse, and financial deprivation, with no structured legal remedy. The ruling clarified that long-term cohabiting relationships may be recognized as “relationships in the nature of marriage” according to the Protection of Women from Domestic Violence Act, 2005. This recognition allows affected women to claim legal safeguards such as maintenance, residence rights, and protection orders. Importantly, the Court laid down indicators such as shared finances, duration of cohabitation, public acknowledgment of the relationship, and emotional interdependence to help identify when a live-in arrangement deserves protection under the law. The ruling emphasized that constitutional values like dignity, equality, and the right to live with autonomy (Article 21) must apply irrespective of marital status. This judicial move reflects India’s slow yet steady shift toward protecting non-traditional domestic partnerships. However, the absence of a comprehensive statute still creates legal uncertainty regarding property rights, inheritance, and child custody for live-in partners. While the judgment provides relief to many, it also signals the urgent need for legislative intervention that bridges the gap between changing social realities and outdated statutory frameworks. In essence, the 2024 guidelines reinforce the idea that commitment, not just a marriage certificate, can give rise to legal obligations and protections in domestic relationships.


Use of Legal Jargons:

Live-in relationships are increasingly addressed using established legal terminology, especially within the context of family law and domestic violence protection. Understanding these terms is crucial to grasping the judicial approach toward such non-traditional unions. One of the key concepts is the “relationship in the nature of marriage,” which is derived from Section 2(f) of the Protection of Women from Domestic Violence Act, 2005. This phrase provides the legal gateway for women in live-in relationships to seek protection, despite the absence of a formal marriage. The term cohabitation refers to the act of living together in an intimate relationship without being legally married. It has been judicially accepted as not immoral or illegal, especially after landmark rulings such as Lata Singh v. State of UP. Palimony, though not statutorily defined in Indian law, refers to the financial support that one partner may seek from another after the breakdown of a long-standing live-in relationship. Indian courts have gradually acknowledged such claims, especially under the DV Act framework. The concept of legal presumption also plays a key role. In cases like Dhannulal v. Ganeshram, the Supreme Court presumed a valid marriage where a couple had cohabited for a long period, especially when the relationship was acknowledged socially. Additionally, constructive trust is an equitable principle recognized in property disputes, which can be used to argue that a live-in partner has a beneficial interest in jointly acquired assets, even without legal ownership. These terms enable courts to balance traditional legal frameworks with evolving societal structures, ensuring justice without requiring a marriage certificate as the sole basis for legal protection.
The Proof

The necessity of judicial intervention in live-in relationships became evident due to an increasing number of cases involving emotional abandonment, financial exploitation, and domestic abuse in such arrangements—particularly affecting women. In 2024, the Supreme Court of India issued a significant ruling that tackled these issues by acknowledging specific live-in relationships as eligible for legal safeguards under the Protection of Women from Domestic Violence Act, 2005. In the 2024 case (name withheld for privacy reasons due to sensitive content), the petitioner, a woman in a 7-year live-in relationship, was forcefully evicted from the shared residence by her partner. The respondent contended that no marriage had occurred and hence, no legal rights could be claimed. The Court, however, emphasized that cohabitation, shared financial responsibilities, mutual emotional dependence, and societal perception of the relationship could form the basis of a “relationship in the nature of marriage”. This interpretation followed the precedent laid down in Indra Sarma v. V.K.V. Sarma (2013), where key indicators to determine the legitimacy of live-in partnerships were first defined. Further supporting this position, the National Family Health Survey (NFHS-5) has indicated a growing trend of informal cohabitation, particularly in urban regions, highlighting that the social dynamics in India are evolving more rapidly than legal reforms. The Court recognized that without formal marriage, numerous women in live-in relationships face economic vulnerability and social stigma when these relationships dissolve. Additionally, the Court emphasized the constitutional duty to uphold individual dignity and autonomy as outlined in Article 21, making it clear that legal protections cannot be denied solely based on the lack of formal matrimonial registration. This ruling in 2024 not only reaffirmed constitutional principles but also urged state agencies to guarantee that individuals in such relationships are not denied protection or remedies simply because of their non-marital status. It reinforces the notion that legal accountability should be based on the essence and nature of the relationship, rather than merely its designation.


Abstract

In a society historically anchored in the institution of marriage and conventional family norms, live-in relationships have often been viewed as socially atypical and legally ambiguous. However, evolving societal values and a progressive interpretation of the Indian Constitution have gradually reshaped this perception.
Recent judicial developments, particularly in 2024, marked a pivotal moment in this shift. In a landmark decision, the Supreme Court of India recognized that individuals in long-term live-in relationships are entitled to protection under the Protection of Women from Domestic Violence Act, 2005. This expanded the legal definition of a “relationship in the nature of marriage,” ensuring that partners—particularly women—who face issues such as domestic abuse, economic vulnerability, or abandonment can access legal remedies. This article delves into the legal ramifications of live-in relationships in the wake of the 2024 judgment. It assesses how the Supreme Court has invoked constitutional values such as dignity, equality, and personal liberty—enshrined in Articles 14 and 21 of the Constitution of India—to uphold the rights of individuals in non-marital domestic partnerships.
Furthermore, the analysis explores the Court’s approach to distinguishing between casual cohabitation and relationships that merit legal protection. Criteria considered include:
Duration and stability of cohabitation
Emotional and financial dependence
Shared household responsibilities
Public and social recognition as a couple
The article also examines how court verdicts have addressed issues like maintenance rights, legitimacy of children, and women’s legal standing in live-in partnerships. While judicial pronouncements have progressively offered safeguards, the absence of a formal legislative framework continues to leave several areas of concern unresolved. In conclusion, the article advocates for a clear statutory regime that recognizes the reality of live-in relationships, especially in urban settings, where such arrangements are increasingly common. Legislative action is necessary to ensure legal consistency and social justice in addressing the rights and responsibilities arising from these domestic partnerships.

Case Laws
India’s judiciary has significantly shaped the evolving legal framework for live-in relationships. In the absence of direct legislation, courts have relied on constitutional values, filled legislative gaps, and embraced principles of social equity to uphold the rights of individuals engaged in non-marital partnerships. Below are five significant court rulings that have shaped the legal recognition of such relationships in India:

1. Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755
In this precedent-setting case, the petitioner, a woman who had cohabited with a man for an extended period, sought protection under the Protection of Women from Domestic Violence Act, 2005, after being abandoned. The Supreme Court laid down five indicators for determining whether a live-in relationship is “in the nature of marriage”:
Length of the relationship
Shared living arrangements
Financial dependency and joint expenditure
Existence of a sexual relationship
Societal acceptance as a couple
Although the Court denied relief due to the woman’s awareness of the man’s prior marriage, it affirmed that relationships resembling marriage in essence—though not formalized—may warrant legal protection under certain conditions.


2. Khushboo v. Kanniammal, (2010) 5 SCC 600
When actress Khushboo expressed support for premarital and live-in relationships, she was targeted with multiple defamation suits. The Supreme Court dismissed these complaints, affirming her freedom of expression under Article 19(1)(a) of the Constitution. The Court stated that individual freedoms cannot be constrained by prevailing public morality and that moral standards should not be enforced through criminal law.

3. Dhannulal v. Ganeshram, (2015) 12 SCC 301
This decision dealt with the inheritance rights that emerge from cohabitation agreements. The Supreme Court ruled that long-term cohabiting partners, if recognized as husband and wife by their community, can invoke the presumption of marriage under Section 114 of the Indian Evidence Act, 1872. Consequently, children from such unions are considered legitimate and entitled to inheritances, reflecting a significant judicial shift equating long-term live-in relationships with legal marriage.

4. Supreme Court Judgment (2024) – Name Withheld
In a groundbreaking 2024 decision, the Supreme Court upheld a woman’s right to seek remedies under the Domestic Violence Act following a seven-year live-in relationship. The Court clarified that the absence of legal marriage does not exclude a partner from protection if the relationship bears the characteristics of a marital union. Key factors included:
Emotional and financial interdependence
Duration of shared life
Societal acknowledgment of the relationship
This judgment instructed trial courts and domestic violence officers to assess the actual nature of such relationships rather than base decisions solely on marital status, thereby extending protection to vulnerable partners in live-in arrangements.


Conclusion

The legal recognition of live-in relationships in India reflects the judiciary’s evolving understanding of modern personal relationships. While traditional marriage remains deeply embedded in Indian social and legal systems, courts have gradually acknowledged that commitment and cohabitation without formal ceremonies can still give rise to enforceable rights and duties. The 2024 Supreme Court judgment marks a watershed moment by reaffirming that long-term live-in relationships fall within the protective scope of the Domestic Violence Act, 2005, and that denial of legal remedies on the basis of marital status violates constitutional guarantees under Article 14 and Article 21. This progressive interpretation aligns with India’s constitutional framework, which prioritizes individual autonomy, dignity, and gender justice. The courts have made it clear that women in live-in relationships should not be left unprotected simply because they chose not to formalize their relationships through marriage. Additionally, through cases like Indra Sarma and Dhannulal, the Supreme Court has encouraged the application of equitable principles and legal presumptions to safeguard the rights of live-in partners and children born from such unions. However, despite these judicial developments, a comprehensive legislative framework is still missing. Issues like inheritance, shared property rights, custody, and succession remain uncertain in the context of live-in relationships. Relying only on judicial interpretation causes inconsistency and burdens individuals to prove their domestic arrangements. The Indian legislature should establish clear statutory guidelines for live-in relationships, similar to civil unions in other countries, to provide clarity and protection for those in alternative companionships in modern India.


FAQS

1. Is a live-in relationship legal in India?
Yes. Live-in relationships between consenting adults are legally valid in India. The Supreme Court, in several rulings including Lata Singh v. State of UP, confirmed that such relationships are not illegal or immoral. The right to cohabit without marriage is protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
2. Is a woman in a live-in relationship entitled to maintenance or legal protection?
Yes. The Protection of Women from Domestic Violence Act, 2005 acknowledges “relationships in the nature of marriage,” which permits women in live-in arrangements to seek legal protection, maintenance, and residence orders. This principle was further established in Indra Sarma (2013), the Court delineated the standards for evaluating the legitimacy of such relationships.
3. Are children conceived within live-in relationships regarded as legitimate?
Yes. In Dhannulal v. Ganeshram (2015), the Supreme Court held that children born out of long-term cohabitation are legitimate and can claim inheritance rights. The Court presumed marriage from continuous cohabitation, thereby protecting the status of children born from such unions.
4. Is there any special law governing live-in relationships in India?
No. India does not currently have a specific statute for live-in relationships. However, courts apply provisions from the Domestic Violence Act, Indian Evidence Act, and the Constitution to provide relief and protection. The 2024 Supreme Court judgment further emphasized the need to protect women in such relationships under existing laws.