Live-in Relationships Are Not Illegal

Live-in relationships are often viewed as a Western concept or a product of foreign culture. Over time, Western ideas have increasingly influenced lifestyles in India for various reasons. Even so, in many parts of the country, society still looks down upon unmarried men and women living together. Many families consider it a matter of shame. Courts, however, do not share this view.

Recently, the Allahabad High Court delivered two important judgments on live-in relationships. The court clarified that when unmarried adults live together, it is not illegal. However, if married individuals live in a live-in relationship without obtaining a divorce, it would amount to an offence. The court also directed the police to provide protection to 12 unmarried women who were in live-in relationships.

At the same time, the court denied protection to another couple. While defining the boundaries of live-in relationships, a bench headed by Justice Vivek Kumar Singh delivered separate verdicts. The judge heard petitions filed individually by 12 women who complained that their family members were threatening them because of their live-in relationships and that the police were ignoring their requests for protection.

The court directed the respective district police officials to provide security to them and made it clear that live-in relationships are not illegal. Justice Vivek Kumar Singh stated that such relationships fall under the right to life.
“They are adults. They have chosen to live together without marriage. It is not the job of the courts to sit in judgment over their decision,” he observed. He also noted that society does not readily accept live-in relationships and often treats them as immoral or criminal.

“However, India has always kept its doors open to accepting Western ideas. Live-in relationships are one such concept. Some consider it immoral behaviour, while others see it as an acceptable way of living together,” the judge remarked.

In another case, the same judge ruled that if married individuals live together without obtaining a divorce, such a live-in relationship would be illegal. Accordingly, the court rejected a plea filed by a couple seeking police protection, stating that a person cannot live in a live-in relationship without divorcing the first spouse. In such circumstances, police protection cannot be granted.

Courts in the past have also consistently ruled that live-in relationships are legal. The Rajasthan High Court earlier held that even if a man and woman have not reached the legal age for marriage, as long as they are adults and living together with mutual consent, a live-in relationship is neither illegal nor a crime under Indian law.

In one such case, an 18-year-old woman and a 19-year-old man from Kota district in Rajasthan were living together in a live-in relationship. Their parents strongly opposed the relationship and even threatened them. Since the man had not yet reached the legal marriage age of 21, the police did not take any action, forcing the couple to approach the High Court.

The court rejected objections to the relationship and ruled that there is no legal restriction on individuals above 18 years of age living in a live-in relationship. The judge observed that anyone aged 18 years or above is considered a major under Indian law, and adults have the right to make personal choices, including the decision to live together. The court reaffirmed that live-in relationships are neither illegal nor criminal in India.

Earlier, the Supreme Court had also clarified that merely living together without marriage does not amount to a crime or a sin. It even suggested to Parliament that laws should be framed to protect women who have children from such relationships. However, the Supreme Court also noted that, unfortunately, live-in relationships are not equivalent to marriage and are not formally recognised by law. As a result, there is currently no clear legal framework to regulate such relationships.