What Legal Protections Do Couples In Live-In Relationship Have Under Indian Law: Expert Explains

Live-in relationships are no longer as uncommon in India as they once were. While marriage continues to be the more socially accepted norm, many couples today choose to live together without formally tying the knot. This shift has raised important legal questions - ‘What rights do such couples have’ and ‘How does Indian law view these relationships?’

To understand this better, we spoke to Varun Katiyar, Advocate at Chambers of Varun Katiyar and Amitraj Kaushal, Advocate at Supreme Court of India, for expert insights into the legal protections available to couples in live-in relationships under Indian law: 

Legal Status of Live-In Relationships In India

India does not have a single, dedicated law governing live-in relationships. However, courts have played a significant role in recognising and protecting such partnerships.

In S. KKhushboo v. Kanniammal, the Supreme Court stated that a live-in relationship between consenting adults is not illegal, and it falls under the right to life and personal freedom under Article 21 of the Constitution. As Amitraj Kaushal explains, the judiciary has consistently upheld that adults have the freedom to cohabit without marriage. This recognition forms the foundation for the limited legal protections available today.

Protection Under The Domestic Violence Act

One of the most important safeguards comes from the Protection of Women from Domestic Violence Act, 2005. According to Varun Katiyar, the Supreme Court in Indra Sharma v. VKV Sharma introduced the concept of “relationships in the nature of marriage.” This allows women in qualifying live-in relationships to seek:

• Protection from abuse

• Maintenance (financial support)

• Residence rights

• Compensation for harm

However, not every live-in relationship qualifies. Courts look at factors such as:

• Duration of the relationship

• Shared household

• Financial arrangements

• Social recognition as a couple

Casual or short-term relationships usually do not receive the same legal protection.

Rights Of Children Born From Live-in Relationships

A significant area where courts have taken a progressive stance is the status of children born from such unions. Amitraj Kaushal points out, children born from live-in relationships are deemed legitimate and have inheritance rights to their parents' property. Indian courts have repeatedly held that children from live-in relationships are legitimate. This ensures they are not denied basic rights such as inheritance and social recognition due to their parents’ marital status.

Live-in Relationships Maintenance And Financial Rights

Women in recognised live-in relationships can claim maintenance under certain conditions, particularly through the Domestic Violence Act. However, unlike marriage, there is no automatic framework for financial obligations between partners. Maintenance claims depend heavily on whether the relationship meets the legal threshold of being ‘Marriage-like’. This makes outcomes less predictable and often dependent on judicial interpretation.

Live-in Relationships: Gaps In Legal Protection

Despite growing recognition, live-in relationships still operate in a legal grey area. There are no clear provisions for:

• Automatic inheritance between partners

• Property rights similar to spouses

• Formal separation or “divorce” procedures

This means partners do not have the same legal security as married couples, especially in cases of disputes or separation.

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A New Development: Uttarakhand’s Uniform Civil Code Act

A recent shift can be seen in the Uniform Civil Code of Uttarakhand Act, 2024, which directly addresses live-in relationships. The law requires couples to register their live-in partnerships and provides:

• Maintenance rights

• Legal safeguards for children

However, it also introduces penalties for non-registration. This has sparked debate about balancing personal freedom with state regulation. As Varun Katiyar notes, this marks a move towards formal recognition, but also raises concerns about privacy and autonomy. He shared, “Uniform Civil Code of Uttarakhand Act, 2024 - this law requires couples to register their live-in partnership and offers protections such as maintenance rights and legal rights for children. However, it also sets up rules, including penalties for couples who do not register. Courts have worked to protect and uphold the rights of individuals in live-in relationships.”

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Live-in relationships in India are no longer outside the legal framework, but they are not fully regulated either. Courts have stepped in to offer protection, especially for women and children, but many areas remain unclear. In essence, the law acknowledges these relationships as part of modern social reality, yet stops short of granting them the full status of marriage. Until comprehensive legislation is introduced, much will continue to depend on judicial interpretation.

For couples, this means understanding both the protections available and the limitations that still exist.

For more such stories, stay tuned to HerZindagi. 

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