Live-In Relationship Without Divorce In India

The reality of modern relationships is that sometimes marriages break down long before a legal document says so. Many people find themselves in a situation where they have moved on emotionally and physically, but they are still technically "married on paper." This often leads to the decision to start a new life with a partner, sparking the question: Is a live-in relationship without divorce actually legal in India? Navigating this path can feel like a legal and social tightrope. While society is gradually becoming more open, the Indian legal system has a very specific way of looking at cohabitation when a previous marriage still exists. This guide is designed to provide you with a clear, factual breakdown of where the law stands today. We will explore the protections available, the potential risks involved, and how the courts distinguish between a "marriage-like" relationship and a casual one.

Is it “illegal” to live-in without a divorce?

The question of legality is rarely a simple "yes" or "no" when it involves a live-in relationship without divorce. To understand the legal standing, one must distinguish between criminal law and personal or matrimonial laws. In India, a live-in relationship between two consenting adults is generally not considered a crime. The Supreme Court has repeatedly upheld the right to life and personal liberty, suggesting that if two adults choose to live together, the state should not typically interfere. However, the situation becomes significantly more complex when one or both partners are still legally married to other people.

The Complexity of Marital Status

While you may not be arrested simply for cohabitating, being married while living with someone else changes the legal consequences. Here are the primary factors to consider:

• A live-in relationship during a subsisting marriage can be used as a ground for divorce by the aggrieved spouse on the basis of adultery or mental cruelty.
• It can trigger intense matrimonial disputes, affecting alimony, maintenance, and child custody battles in the original marriage.
• The law often looks for a "relationship in the nature of marriage" to grant certain protections. If one partner is already married, it becomes much harder to claim that the new relationship has the same legal standing as a valid marriage.

Variance in Court Rulings

It is vital to understand that legal outcomes in these cases are highly fact-specific. While some courts focus on the personal liberty of the couple, others take a stricter view. There have been several instances where various High Courts have refused to grant police protection to couples in a live-in relationship without divorce. In these specific rulings, judges have noted that providing protection might be seen as "sanctifying" an act that violates the sanctity of a legal marriage. Because different High Courts may interpret the intersection of personal liberty and marital law differently, the legal safety net is not always guaranteed. The outcome often depends on the specific details of the case and the jurisdiction in which the matter is heard.

The 3 Biggest Risks

Choosing to enter a live-in relationship without divorce carries specific legal vulnerabilities that can impact your future, your finances, and even your personal liberty. Below is a summary of the three primary risks you should be aware of:

1. Matrimonial and Personal Law Allegations

Because your legal marriage is still active, your spouse can use the new relationship as powerful evidence in court.

• Grounds for Divorce: A live-in relationship is often treated as "voluntary sexual intercourse outside of marriage." This gives your legal spouse strong grounds to file for divorce based on adultery.
• Allegations of Cruelty: Living with another person while married is frequently categorized by Indian courts as "mental cruelty" toward the legal spouse, which can negatively affect your position in alimony or property settlements.
• Bigamy Concerns: While a live-in relationship is not a second marriage, some courts have viewed these arrangements as a "colorable" attempt to bypass laws against bigamy, especially if the couple represents themselves as husband and wife to society.

2. Maintenance and DV Litigation Exposure

The financial stakes are high when you are caught between a legal marriage and a new cohabitation.

• Maintenance for the Legal Spouse: A husband cannot usually escape the duty to maintain his legal wife by moving into a live-in relationship. In fact, doing so may lead the court to award higher maintenance to the wife due to the "conduct" of the husband.
• Claims from the Live-In Partner: Under the Protection of Women from Domestic Violence Act (2005), a female live-in partner may claim maintenance or a "right to residence." However, if she is aware that the man is already married, courts have sometimes been reluctant to grant these "marriage-like" protections.
• Counter-Claims: You may find yourself facing simultaneous legal battles: a maintenance petition from your legal spouse and a Domestic Violence (DV) case from your live-in partner if the new relationship sours.

3. Criminal Exposure: Deceit and "Promise to Marry"

One of the most serious risks involves the breakdown of the live-in relationship itself.

• False Promise to Marry: If a partner enters a live-in relationship based on a promise of marriage that they know they cannot fulfill (because they are not yet divorced), they may face criminal charges.
• The "Consent" Factor: Indian courts have increasingly ruled that if consent for physical intimacy was obtained through a "deceitful" promise of marriage, it can lead to charges under Section 376 of the IPC (rape).
• Fact-Dependent Outcomes: While recent 2025 and 2026 rulings clarify that a "breach of promise" is not always a crime, the risk of a criminal FIR remains high if one partner can prove they were kept in the dark about the other's existing marriage or if the promise to marry was "deceitful from the inception."

What “Live-In Relationship” Means in Indian Law?

While the term "live-in relationship" is widely used in social conversations, it does not actually appear in the text of most Indian statutes. Instead, the law uses more specific language to determine what kind of cohabitation deserves legal protection and what does not.

“Domestic relationship” and “relationship in the nature of marriage”

The most significant recognition of live-in couples comes from the Protection of Women from Domestic Violence Act, 2005 (DV Act). Under Section 2(f), the law defines a "domestic relationship" as a bond between two people who live or have lived together in a shared household.

This definition includes relationships "in the nature of marriage." This is a crucial distinction because it allows women in live-in arrangements to seek legal remedies, such as maintenance or protection orders, that were previously only available to legally wedded wives. However, the law does not apply to every couple staying together: it specifically targets stable, committed unions that mirror the structure of a traditional family.

The Supreme Court’s practical test (Velusamy criteria)

In the landmark case of D. Velusamy v. D. Patchaiammal, the Supreme Court established a "test" to determine whether a live-in arrangement actually qualifies as a "relationship in the nature of marriage." To meet this standard, the following conditions must generally be met:

• Social Recognition: The couple must hold themselves out to society as being akin to spouses. This means friends, family, and neighbors view them as a couple.
• Legal Age: Both individuals must be of legal age to marry (18 for women, 21 for men).
• Qualification to Marry: The parties must be otherwise qualified to enter a legal marriage.
• Voluntary Cohabitation: The couple must have lived together voluntarily for a significant period of time.
• Shared Household: They must inhabit a common residence where they pool resources and live like a family unit.

When courts may NOT treat it like marriage

Even if a couple lives together for many years, the law may still refuse to recognize it as a "marriage-like" relationship if certain facts are present. A key example is found in the Indra Sarma v. V.K.V. Sarma case.

The court ruled that if a woman enters into a relationship knowing that the man is already legally married and has not obtained a divorce, she may not be entitled to the protections of the DV Act. In such cases, the court often views the relationship as "adulterous" or a "concubinage" rather than a relationship like marriage. Essentially, if one partner is not "qualified to marry" because of a subsisting marriage, the court may decide that the live-in arrangement does not deserve the same legal status as a valid union. This highlights why a live-in relationship without divorce is such a high-risk legal territory.

If You are Still Legally Married: What Can Happen?

Entering a new relationship while your previous marriage is still legally active creates a unique set of challenges. Under Indian law, as long as a divorce decree has not been granted, you are still considered "legally married," and this status dictates how the law views your new arrangement.

Adultery is not a crime, but it can still impact divorce/custody

The landmark Supreme Court judgment in Joseph Shine v. Union of India significantly changed the landscape of relationship law in India.

• Decriminalization: The court struck down Section 497 of the IPC, meaning adultery is no longer a criminal offense. You cannot be jailed or face a police FIR simply for having an extramarital relationship.
• Civil Consequences: While it is not a crime, adultery remains a valid civil ground for divorce. In the eyes of family courts, it is often viewed as "mental cruelty" toward the legal spouse.
• Impact on Legal Standing: Being in a live-in relationship without divorce can weaken your position during court proceedings, as it provides the other spouse with clear evidence of a breach of marital obligations.

Common legal actions your spouse may take

If you are living with a new partner before your divorce is finalized, your legal spouse has several avenues for litigation:

• Divorce Petitions: Your spouse can file for a contested divorce citing adultery or cruelty. This can complicate the process, especially if you were hoping for a mutual consent divorce, which is generally faster and less adversarial.
• Child Custody and Visitation: Courts prioritize the "welfare of the child." If a spouse can prove that the new live-in arrangement is not a suitable environment or that the parent is "prioritizing" a new partner over the child’s stability, it can negatively influence custody and visitation rights.
• Maintenance Litigation: Financial support is often a major point of contention. A husband living with a new partner may be ordered to pay higher maintenance to his legal wife. Conversely, if a wife is "living in adultery" (defined by courts as a continuous adulterous relationship), she may, in some cases, lose her right to claim maintenance from her legal husband.

Can you get police protection as a couple?

Many couples in live-in relationships seek police protection when facing threats from their families. The judicial stance on this is evolving and often depends on the specific High Court:

• General Protection of Liberty: In recent 2025 and 2026 rulings, the Supreme Court and several High Courts (such as Allahabad) have reiterated that Article 21, the Right to Life and Liberty, applies to all adults. Courts often grant protection if there is a genuine threat to life, regardless of marital status.
• The "Illicit Relationship" Hurdle: However, some benches remain strict. There have been instances where courts refused protection to couples where one partner was still married, labeling the relationship "illicit" or "against social fabric." These courts argue that providing protection would indirectly "sanctify" an act that violates the legal rights of the existing spouse.
• Fact-Checking Requirement: In most cases today, the police are directed to verify the age and consent of the partners. If you are a major and living voluntarily, you have a strong constitutional claim to safety, but the "married" status remains a complicating factor that judges weigh differently.

Rights of the Live-In Partner (Especially Women)

In India, the law has evolved to provide significant safety nets for women in live-in relationships, even when the legal status of the union is complicated by an existing marriage. These rights are primarily designed to prevent destitution and ensure social justice.

DV Act protections (what a court can order)

The Protection of Women from Domestic Violence Act, 2005 (DV Act) is the most powerful tool available for women in these arrangements. If a relationship is deemed to be "in the nature of marriage," a magistrate has the authority to issue several types of orders:

• Protection Orders: To prevent the partner from committing any further acts of violence or communicating with the woman.
• Residence Orders: This can include the right to stay in the "shared household" or directing the partner to provide alternative accommodation or pay for her rent.
• Monetary Relief: Courts can order the partner to pay for lost earnings, medical expenses, and general maintenance to cover basic needs.

It is important to manage expectations here: these reliefs are not automatic. The court will examine the stability and "marriage-like" qualities of the relationship before granting such orders.

Maintenance options (today’s law language)

As of July 2024, the procedural landscape for maintenance has changed. The old Section 125 of the CrPC has been replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

While the core principles remain similar, here is how the law stands today:

• Secular Application: Much like the old law, Section 144 of the BNSS is a secular provision, meaning it applies regardless of your religion.
• Maintenance as a Right: If a woman is unable to maintain herself and the partner has sufficient means, the court can order a monthly allowance.
• The Nuance of Proof: For a live-in relationship without divorce, claiming maintenance under BNSS can be uphill. Unlike the DV Act, which is broader, Section 144 BNSS generally uses the term "wife." To qualify, a live-in partner usually needs to prove a very long-term cohabitation that creates a strong presumption of marriage (the Velusamy criteria). If the court finds the relationship was purely "walk-in, walk-out," maintenance under this specific section may be denied.

If the partner hid their marriage or deceived you

One of the most important legal protections arises in cases of "deceit." If a woman enters a relationship in "good faith," believing the man was single or divorced, only to find out later that he is still legally married, the courts are often very supportive.

Following the logic of the landmark Badshah v. Urmila Badshah Godse case, the Supreme Court has held that a man cannot take advantage of his own wrongdoing. If he deceived a woman into a "marriage-like" relationship by hiding his previous marriage:

• He cannot later use the "void" nature of the relationship as a defense to stop paying maintenance.
• The court adopts a "purposive interpretation," treating the woman as a wife for the limited purpose of maintenance to ensure she is not left destitute due to his fraud.

High-Risk Situations

Entering a live-in relationship without divorce is not just a personal choice; in certain situations, it can escalate into a serious legal crisis. The law in 2026 has become much more specific about where "liberty" ends and "criminality" begins.

If someone promises marriage while already married

Under the new criminal code, the Bharatiya Nyaya Sanhita (BNS), there is a specific focus on relationships built on deception.

• BNS Section 69: This section replaces the old "rape by fraud" arguments with a specific offense. It criminalizes sexual intercourse obtained by "deceitful means" or a promise to marry without the intention of fulfilling it.
• The "Already Married" Factor: In recent 2026 rulings, such as the Kuldeep Verma case at the Allahabad High Court, judges have noted that if a person is already married, they know they cannot legally marry someone else. Therefore, making a promise to marry while being legally wed is increasingly viewed as "inherently deceptive."
• Punishment: If a court finds that consent was obtained through such a false promise, the individual can face up to 10 years in prison. Unlike the old law, Section 69 creates a distinct category that does not necessarily label the act as "rape" but still carries heavy criminal penalties.

If there is violence, threats, stalking, or blackmail

No matter your marital status or the legality of your relationship, nobody has the right to abuse or blackmail you. If you find yourself in a high-risk situation, the following steps are vital:

• File a Police Complaint: You can report domestic violence, stalking, or criminal intimidation at your local police station. Under the BNSS (Bharatiya Nagarik Suraksha Sanhita), the process for filing FIRs and recording statements has been streamlined to protect the victim's dignity.
• Contact a Protection Officer: Under the DV Act, every district has a Protection Officer. They can help you file a Domestic Incident Report (DIR) and get immediate residence or protection orders from a Magistrate without needing a lawyer initially.
• Women's Helplines: You can dial 181 (National Women Helpline) or 112 (Emergency Response) for immediate assistance. The National Commission for Women also operates a 24/7 digital complaint system.
• Legal Aid: If you cannot afford a lawyer, you can approach the District Legal Services Authority (DLSA). They provide free legal counsel and representation to women, regardless of their financial status or the nature of their relationship.

Conclusion

Navigating a live-in relationship without divorce in India is a journey through a complex legal landscape where being "not a crime" does not mean a situation is "free of consequences." While adultery is decriminalized and cohabitation is protected under the Right to Life (Article 21), a subsisting marriage remains a major civil hurdle that can impact divorce, maintenance, and child custody. In 2026, courts are increasingly strict, sometimes denying protection to couples whose relationship infringes on the statutory rights of a legal spouse. Furthermore, the new Section 69 of the BNS makes transparency essential, as hiding a marriage while promising a new one can lead to criminal charges for deceit. Ultimately, the safest path is to prioritize legal clarity through divorce or mediation to safeguard your future. If you need a verified family law expert to assess your case, Rest The Case can connect you today.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create a lawyer–client relationship.
For advice specific to your situation, please consult a qualified family law advocate before taking any legal decision.