Live-in Relationships, Girlfriends and Boyfriends: What Indian Law Actually Says

Relationships outside marriage are common, but most couples have never been told what the law says about them, until something goes wrong. Here are the points that matter most.

A live-in relationship between adults is not illegal

The Supreme Court has repeatedly held that two adults living together without marriage commit no offence. Choosing a partner is part of personal liberty under Article 21 of the Constitution (for example, Lata Singh v. State of U.P., 2006, and S. Khushboo v. Kanniammal, 2010). Courts have also protected couples facing threats from families. Some states have introduced their own rules: Uttarakhand's Uniform Civil Code, for instance, requires registration of live-in relationships in that state.

Rights in a live-in relationship

• Protection from domestic violence. A woman in a "relationship in the nature of marriage" can seek protection, residence and monetary relief under the Protection of Women from Domestic Violence Act, 2005. The Supreme Court has explained that not every live-in qualifies: courts look at factors such as the length of the relationship, a shared household, pooling of resources, and whether the couple presented themselves to society as husband and wife (D. Velusamy v. D. Patchaiammal, 2010; Indra Sarma v. V.K.V. Sarma, 2013).
• Children. Courts have held that children born of a long, stable live-in relationship are not to be treated as illegitimate and may inherit from their parents. A child is entitled to maintenance from a parent in any case.

Under 18, consent does not count

Any sexual act with a person under 18 is an offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012, whatever the relationship and even if both say they are "in love". Many teenage relationships end up in POCSO cases because families and couples do not know this.

False promise of marriage is now a specific offence

Section 69 of the Bharatiya Nyaya Sanhita, 2023 punishes a man who has sexual intercourse with a woman by deceitful means or by making a promise to marry her without any intention of fulfilling it. The key is intention at the start. The Supreme Court has repeatedly said that a genuine, consensual relationship that later breaks down, or a promise that could not be kept for real reasons, is not the same as a false promise made to deceive. A breakup, by itself, is not a crime.

Breakups: what crosses the line

• Threatening to leak private photos or videos to force someone to stay, pay or do something is extortion under Section 308 BNS, and sharing them is an offence under Section 66E of the IT Act (and Sections 67 and 67A where explicit), and may be voyeurism under Section 77 BNS.
• Repeatedly contacting a woman after she has clearly said no, including online, is stalking under Section 78 BNS.
• Threats are criminal intimidation under Section 351 BNS.
• Hacking a partner's phone or accounts can attract offences under Sections 43 and 66 of the IT Act.

And within marriage

Adultery is no longer a crime since Joseph Shine v. Union of India (2018), but it remains a ground for divorce and can affect a wife's maintenance if it is proved to be continuing. See Is Cheating on Your Spouse a Crime in India?