This article has been authored by Rivanshi Dua.
In the contemporary era of the 21st century, where modern relationships without any traditional norms flourish, providing a well-grounded and reliable test of compatibility of both parties in a relationship, Live in relationships is an excellent mechanism for couples these days. It is a test for couples to live together and test their future living together as a couple without any commitments. Familial obligations, as well as a person’s outlook and their relationship with their family, influence a person’s moral values at the professional forefront. Therefore, such decisions must be taken carefully, preventing further conflicts and chaos in family setups.
However, in India, from a conventional perspective of traditions, it is rather a questionable decision to live with the opposite gender under the same roof without being married. However, there are a lot of misunderstandings about such live-in relationships that they’re illegal; however, are they illegal?
Legal Status of Live-In Relationships: Article 21 provides the Right to life and liberty, and therefore, the choice of a person that does not harm any other person cannot be questioned thereof. The Supreme Court of India, exercising its interpretative jurisdiction, has expanded the scope of Article 21 to encompass the right of individuals to cohabit with a partner of their choice, irrespective of marital status.
In 2015, the Supreme Court of India made a landmark judgment in the case of D. Velusamy vs. D. Patchaiammal, where it recognized that a long-term live-in relationship could be considered a valid marriage under certain circumstances. The court also held that women in live-in relationships are entitled to maintenance from their partners after separation.
Subsequently, in 2015, the Supreme Court of India further expanded the rights of partners in live-in relationships in the case of “Indra Sarma vs V.K.V. Sarma.” The court held that women in long-term live-in relationships were entitled to maintenance from their partners after separation, even though live-in relationships were not recognized as marriages under Indian law.
Besides these, there have been legal developments in this year that contribute to the development of Live-In Relationships in India-
In January 2025, the State of Uttarakhand enacted its Uniform Civil Code (UCC), which codifies and regulates matters about marriage, divorce, succession, and live-in relationships, among others. Pursuant to Section 378 of the said legislation, all residents of Uttarakhand entering a live-in relationship are statutorily required to submit a formal “Statement of Live-In Relationship” to the Registrar appointed by the State, within a period of thirty days from the commencement of such relationship.
Upon receipt of the statement, the Registrar is mandated to conduct a verification process, which includes ascertaining the age and marital status of the parties, the voluntary nature of consent, and other relevant particulars. Upon satisfactory verification, the Registrar is obligated to record the relationship in the official State Register and issue a Certificate of Registration to the parties involved.
Non-compliance with the mandatory registration requirement attracts penal consequences under the UCC, which may include imprisonment for a term of up to three months, a monetary fine not exceeding ₹10,000, or both.
In the recent judgment of Reena v. State of Rajasthan (2025), the Rajasthan High Court acknowledged that live-in relationships do not contravene any statutory provisions and are not per se illegal under Indian law. However, the Court noted that such relationships remain subject to societal and moral scrutiny, reflecting ongoing public unease and cultural reservations. The Court further highlighted the absence of uniformity across personal laws with the legal recognition and treatment of live-in arrangements. Specifically, it observed that Hindu law remains silent on the subject, offering no explicit recognition or regulatory framework, whereas Islamic law expressly prohibits such cohabitation outside of wedlock. Given these divergences and the evolving nature of interpersonal relationships, the Court emphasized the urgent need for a comprehensive statutory framework to regulate and clarify the legal status, rights, and obligations of parties in live-in relationships.
However, apart from these legal developments, the Indian mindset has always been of grave concern. The legal arena may still accept the live-in relationships; however, will the traditional norms ever be able to tolerate such advancements and modernity in the familial relationships in the Indian diaspora?
