Relationships4 min read

Are live-in relationships legal in India?

Yes. Two adults who live together without marrying aren't breaking any law; in 2013 the Supreme Court called a live-in relationship “neither a crime nor a sin”. Long-term partners can have some protection under the Domestic Violence Act, and courts have treated children of such relationships as legitimate. Uttarakhand requires couples to register.

By ALTER Editorial · Published

General information, not legal advice. Laws and court rulings change, and every case is different. Talk to a family lawyer about your own situation.

Key takeaways

  • Living together as unmarried adults is legal across India.
  • Not every live-in counts as “in the nature of marriage”. The Supreme Court's tests include living together for a significant time, being free to marry and presenting yourselves as a couple.
  • If it qualifies, a woman partner can seek protection and relief under the Domestic Violence Act, 2005.
  • Courts have held children of long live-in relationships to be legitimate, with rights to their parents' property.
  • Uttarakhand requires live-in couples to register; check your own state's rules.

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01—The law

Is it illegal to live together without marriage in India?

No. No law in India makes it an offence for two unmarried adults to live together. In Indra Sarma v V.K.V. Sarma, decided on 26 November 2013, the Supreme Court opened its judgment by saying a live-in or marriage-like relationship is “neither a crime nor a sin”, though it noted that many people still find it socially unacceptable.

Landlords, families or housing societies may object, but those are social pressures, not legal bars. Couples who face threats for living together can ask the police and the courts for protection.

02—Protection

What rights does a live-in partner have?

The main protection comes from the Protection of Women from Domestic Violence Act, 2005, which covers a “relationship in the nature of marriage”. In D. Velusamy v D. Patchaiammal (2010), the Supreme Court said such a relationship must meet four conditions:

  • The couple hold themselves out to society as being like spouses.
  • Both are of legal age to marry.
  • Both are otherwise qualified to marry, which includes being unmarried.
  • They have lived together voluntarily, as a couple, for a significant period.
03—Married partner

What if one partner is already married?

Then the relationship usually doesn't qualify. In Indra Sarma, a woman who had lived for years with a man she knew was married lost her claim under the Domestic Violence Act, because the court found the relationship wasn't in the nature of marriage. The court listed factors to weigh, including how long the couple lived together, whether they shared a household and finances, whether they had children and how they presented themselves, and said these were illustrative, not a fixed checklist.

04—Children

What rights do children born in a live-in relationship have?

Courts have generally protected them. In Tulsa v Durghatiya (2008), the Supreme Court held that a child born to parents who had lived together for a long time as husband and wife would not be treated as illegitimate, and that such a child has rights to the parents' property. Later rulings have said the same, with limits on ancestral property.

05—Uttarakhand

Do you have to register a live-in relationship?

In Uttarakhand, yes. Its Uniform Civil Code, passed in February 2024 with rules in force since 27 January 2025, requires live-in couples to register when the relationship begins and when it ends. Only unmarried adult couples made up of a man and a woman can register. A couple who don't register within a month can face up to three months in jail, a fine of up to ₹10,000, or both; giving false information raises the fine to ₹25,000. Children of these relationships are treated as legitimate, and a woman deserted by her partner can claim maintenance.

Critics argue that compulsory registration intrudes on the right to privacy recognised by the Supreme Court in Puttaswamy (2017). Uttarakhand was the first state with such a rule; check your own state's current position. For how marriage and divorce law works, see divorce and talaq in India.

General information, not legal advice. Laws and court rulings change, and every case is different. Talk to a family lawyer about your own situation.

06—FAQ

Questions, asked quietly.

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  • Yes. Living together as unmarried adults isn't an offence anywhere in India. The Supreme Court described it as “neither a crime nor a sin” in 2013.

  • Possibly. A woman in a relationship “in the nature of marriage” can seek relief, including money, under the Domestic Violence Act, 2005. In Uttarakhand, a woman deserted by her live-in partner can claim maintenance under the UCC. Talk to a lawyer about your own situation.

  • Courts have held that a child born to parents who lived together for a long time as a couple is not illegitimate and can inherit from them. Uttarakhand's UCC treats children of live-in relationships as legitimate.

  • In Uttarakhand, yes: its Uniform Civil Code has required registration since 27 January 2025. Check the current rules in your own state.

  • It isn't a crime, but it usually won't count as a relationship in the nature of marriage, so the other partner may get no protection under the Domestic Violence Act. Anyone in this position should take legal advice.

Sources

  1. Indra Sarma v V.K.V. Sarma, Supreme Court judgment (26 November 2013)
  2. iPleaders: live-in relationships and emerging legal issues in India (Velusamy, Indra Sarma)
  3. iPleaders: legal status of a child born in a live-in relationship (Tulsa v Durghatiya)
  4. Rau's IAS Compass: how Uttarakhand's UCC regulates live-in relationships (2025)
  5. Onmanorama: Uttarakhand UCC bill on live-in registration and penalties (February 2024)

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