The Supreme Court has ruled in multiple judgments that live-in relationships between consenting adults are neither illegal nor immoral. The right to choose a partner and live together has been interpreted as part of the constitutional right to life and personal liberty under Article 21 of the Constitution of India.
In the case of Lata Singh versus State of Uttar Pradesh (2006), which primarily dealt with inter-caste marriage and personal liberty, the Supreme Court observed that a live-in relationship between two consenting adults does not constitute any offence and that an adult woman is free to live with any person of her choice.
Courts have also extended certain protections to women in such relationships, particularly under Section 2(f) of the Protection of Women from Domestic Violence Act, which recognises women in a “relationship in the nature of marriage” as eligible to seek protection against abuse and violence. In certain cases, the Supreme Court has held that women abandoned after long-term live-in relationships should not be left without legal remedies merely because no formal marriage existed.
In Indra Sarma versus V. K. V. Sarma (2013), the Supreme Court laid down several factors to determine whether a live-in relationship qualifies as a “relationship in the nature of marriage,” including duration of the relationship, shared household, financial arrangements, and social recognition as a couple. However, in this case, the court denied relief to the appellant as she had knowingly entered into a relationship with a married man, establishing that protection under the Domestic Violence Act is not automatic and depends on the facts of each case.
On the status of children born from such relationships, the Supreme Court in Tulsa versus Durghatiya (2008) held that children born from long-term cohabitation cannot be treated as illegitimate solely because their parents were not legally married, thereby granting them legitimacy under Indian law.
However, inheritance rights between live-in partners remain limited under the current legal framework. Unlike legally married spouses, live-in partners do not automatically acquire inheritance rights in each other’s property unless a will has been executed, property is jointly owned, or specific legal arrangements have been made. In the absence of such legal documentation, surviving partners may face challenges in claiming ownership or succession rights.
The Supreme Court has also upheld the right of consenting adults to live together without interference from family or society. In Lata Singh versus State of Uttar Pradesh (2006), the court directed police protection for couples facing threats, observing that any interference, including threats or violence from family or community members, can be challenged before the courts.
Live-in relationships are therefore legally recognised to a limited extent in India primarily through judicial interpretation rather than a dedicated statute. While such couples do not receive all rights available to married spouses, Indian law provides significant protections relating to safety, maintenance, dignity, and the rights of children. Legal rights continue to depend on the nature and duration of the relationship, which is why documentation, shared records, and financial clarity often become important in determining outcomes.
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