The Legal Status of Live-in Relationships in India

Couples considering or already in a live-in relationship frequently ask a version of the same question: what does the law actually protect? The honest answer is that Indian courts have, over the last two decades, steadily built out a framework of protection for live-in partners — but it is narrower, and more fact-dependent, than the protection available to a legally married spouse.

Living together is not an offence

The Supreme Court settled this question some time ago, in S. Khushboo v. Kanniammal, holding that living together is a facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution, and is not, by itself, a criminal or unlawful act — regardless of social disapproval.

When a live-in relationship qualifies for protection under the Domestic Violence Act

Not every live-in arrangement is treated the same way in law. In D. Velusamy v. D. Patchaiammal, the Supreme Court laid down the criteria for a "relationship in the nature of marriage" that qualifies for protection under the Protection of Women from Domestic Violence Act, 2005: the couple must hold themselves out to society as being akin to spouses, both must be of legal age to marry, both must otherwise be legally qualified to enter a valid marriage (including both being unmarried to third parties), and they must have voluntarily cohabited for a significant period of time. Where these conditions are met, a partner can seek protection orders, a residence order, and maintenance much as a spouse could.

An important limit: Indra Sarma v. V.K.V. Sarma

The Supreme Court later clarified, in Indra Sarma v. V.K.V. Sarma, that not every live-in relationship satisfies the Velusamy test — in particular, a relationship where one partner is already validly married to someone else will generally not qualify for protection under the Domestic Violence Act, because it cannot be said to be "in the nature of marriage." The distinction between a genuine, exclusive long-term live-in relationship and other forms of cohabitation matters a great deal in how a claim is assessed.

What a live-in relationship does not automatically give you

Even where the Velusamy test is satisfied, a live-in relationship does not automatically confer the same succession or inheritance rights a spouse would have under personal law — those typically have to be established through other means, such as a will, nomination, or joint ownership. It is also legally distinct from a void or voidable marriage, which is governed by its own separate framework.

Practical guidance

Given the fact-dependent nature of how courts assess these relationships, documentation matters far more than couples often assume — joint bank accounts, updated nominations, a cohabitation or partnership agreement, and clear acknowledgment of the relationship in official records can all materially strengthen a partner's position if the relationship's legal status is ever disputed.

Our approach

We advise individuals on understanding and documenting their rights within a live-in relationship, and represent clients in proceedings where the legal status of such a relationship is in dispute.