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.
Get the app
Try ALTER, discreetly.
- Live-selfie verified members
- Photos blurred until you allow it
- Messages vanish within the hour
Free to download. 18+ only.
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.
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.
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.
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.
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.