Abstract

This research paper critically examines the legal recognition of live-in relationships in India within the broader framework of constitutional morality, personal autonomy, gender justice, and changing social realities. The paper explores the historical evolution of cohabitation, the judicial expansion of constitutional protections under Article 21, and the absence of a dedicated statutory framework regulating rights and liabilities arising out of non-marital relationships. Through doctrinal and comparative legal analysis, the study evaluates Indian judicial precedents, including D. Velusamy v. D. Patchaiammal, Indra Sarma v. V.K.V. Sarma, and S. Khushboo v. Kanniammal. The paper further analyses maintenance rights, domestic violence protections, legitimacy of children, inheritance disputes, and property rights associated with live-in relationships. Comparative models from France, Canada, Australia, and the United States are examined to identify possible reforms for India. The study concludes that despite progressive judicial interpretation, India’s fragmented legal approach creates uncertainty and disproportionately affects women and economically vulnerable partners. A comprehensive cohabitation statute is therefore recommended to harmonize constitutional values with evolving social realities.

Keywords

Live-in relationships, Cohabitation, Constitutional morality, Family law, Domestic violence, Gender justice, Article 21, India

1. Introduction

Marriage has historically occupied a sacred and legally privileged position within Indian society. Indian family law systems, whether based on Hindu, Muslim, Christian, or secular legal traditions, have consistently treated marriage as the primary institution governing intimate relationships, legitimacy, inheritance, and family structure. However, rapid modernization, urbanization, migration, higher educational access, digital culture, and economic independence have significantly transformed relationship patterns in India. One of the most visible outcomes of this transformation is the emergence of live-in relationships, commonly understood as cohabitation between two consenting adults without formal marriage. Although such relationships remain socially controversial in many regions of India, they are increasingly visible among younger urban populations. The Indian judiciary has repeatedly clarified that consensual cohabitation between adults is neither illegal nor immoral. Despite this social and judicial recognition, India lacks a codified legal framework regulating live-in relationships. This legal vacuum creates uncertainty concerning maintenance, domestic violence protection, inheritance, succession, legitimacy of children, and property rights. Courts have attempted to bridge these gaps through constitutional interpretation and expansive judicial reasoning, but the absence of legislation results in inconsistent outcomes. This paper seeks to critically analyse the legal recognition of live-in relationships in India and assess whether the existing framework adequately protects individuals involved in such relationships.