Unmarried Yet Protected: The Law on Live-In Relationships

Live-in relationships in India

“Ours is a country where you are not allowed to talk to a stranger, but you are allowed to marry one.”

This quote perfectly summarizes the contradiction in Indian culture. While arranged marriages—where people marry strangers—are widely accepted, live-in relationships still face social disapproval.

In a culture where traditions and rituals dominate, live-in relationships challenge the status quo. Society often romanticizes marriage, but in reality, it can involve compromise, emotional struggle, and even abuse.

Many young adults today explore live-in relationships to test compatibility before entering into a lifelong legal contract. However, society continues to idolize marriage and demonize cohabitation, even when the emotional dynamics of these relationships are complex. Thankfully, some progress has been made—more people are choosing to live together to truly understand their partners before committing to marriage.

Live-In Relationships: An International Perspective

Globally, live-in relationships are gaining recognition and legal protection. However, the level of acknowledgment varies by country.

  • France: The Civil Solidarity Pact (PACS) grants unmarried couples legal rights concerning property, taxes, and inheritance.

  • Canada and Australia: Unmarried couples are recognized as “common-law partners” or in “de facto relationships” after living together for a certain period or having children.

  • United States: Some states recognize “common-law marriage,” granting couples marital rights without formal registration, provided they present themselves as spouses.

  • United Kingdom: Common-law marriage is not recognized, leaving cohabiting couples with minimal protection unless legal agreements are in place.

  • Scotland and Ireland: Both have developed legal frameworks that protect long-term cohabitants, especially those with shared responsibilities.

These examples show a growing international acceptance of non-marital partnerships, offering a balance between personal freedom and legal accountability.

Legality of Live-In Relationships in India

India has no formal legislation that governs live-in relationships. However, legal interpretations and judicial precedents have provided clarity over time.

Legal Framework and Judicial Interpretation

Under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, a “domestic relationship” is defined to include relationships “like marriage.”

The Supreme Court of India has passed significant judgments on this topic, affirming the legitimacy of such arrangements under constitutional protections.

Key Case Laws

S. Khushboo v. Kanniammal and Anr

This landmark judgment emphasized that live-in relationships are protected under Article 21 of the Constitution, which guarantees the right to life. The Court clarified that such relationships are not illegal.

Indra Sarma v. V.K.V. Sarma

Here, the Court established criteria to identify whether a relationship qualifies as a “relationship like marriage.” These include:

  • Common intention of the parties.

  • Duration of the relationship.

  • Shared household and financial resources.

  • Emotional and intimate involvement.

  • Public socialization as a couple.

Badri Prasad v. Director of Consolidation

In this case, a couple lived together for nearly 50 years. Though there was no proof of a formal marriage, the Court recognized a presumption of wedlock due to their long-term cohabitation. However, this presumption can be rebutted, with the burden of proof lying on the challenger.

Recent Developments: Uniform Civil Code

The Uttarakhand government has recently passed a Uniform Civil Code, which includes a mandate to register live-in relationships. While this is seen as progressive, critics argue that it infringes on individual privacy and liberty, both fundamental to the Constitution.

Conclusion

The debate surrounding live-in relationships is not just legal or cultural—it’s about personal choice and the freedom to define relationships.

As India balances its rich traditions with modern ideals, discussions like these are crucial. They reflect a society in transition—one where love is slowly being redefined beyond rituals and toward mutual respect and freedom.

“From the point of ignition to the final drive, the point of the journey is not to arrive.” —Neil Peart

Acceptance may be a long journey, but every conversation, every judgment resisted, brings us closer to a society that honors love in all its forms.

Aameya Sharma
B.A.LL.B (Hons.) – 9th Semester
University Institute of Legal Studies, Panjab University, Chandigarh