Can a Married Person Be in a Live-in Relationship in India?

💍 Married but in a Live-in Relationship? What Indian Law Says | Advocate Harsh Hooda – Criminal & Constitutional Lawyer, Faridabad & Delhi NCR

In today’s evolving social landscape, live-in relationships are no longer taboo. But what happens when one partner is already married? Is it legal? Is it punishable? And what are the consequences under Indian law?

As a practicing advocate specializing in criminal law, constitutional remedies, and family litigation in Faridabad and Delhi NCR, I often counsel clients facing complex personal situations. One of the most misunderstood areas is the legality and consequences of live-in relationships involving married individuals.

Let’s break it down clearly and legally.

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⚖️ Is It Legal for a Married Person to Be in a Live-in Relationship?

Yes. Under Indian law, a live-in relationship is not a criminal offence, even if one of the partners is married. The Supreme Court of India has repeatedly held that consensual cohabitation between adults is not illegal.

However, legality does not mean immunity. While there’s no punishment under the Indian Penal Code (IPC) or the Bharatiya Nyaya Sanhita (BNS), such relationships can have serious civil consequences—especially in divorce, maintenance, and child custody proceedings.

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📜 Legal Framework: What the Courts Say

Indian law does not codify live-in relationships, but judicial interpretations have shaped their legal status. Key judgments include:

- Indra Sarma v. V.K.V. Sarma (2013): The Supreme Court laid down criteria to determine whether a live-in relationship qualifies as a “relationship in the nature of marriage” under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

- Joseph Shine v. Union of India (2018): The Supreme Court decriminalized adultery under Section 497 IPC, stating that it violates the right to equality and personal liberty.

So, while adultery is no longer a criminal offence, it remains a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

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💔 Divorce Implications: Adultery as a Ground

If a married person enters into a live-in relationship, their spouse can file for divorce on grounds of adultery. Here's how it plays out:

- Section 13(1)(i), Hindu Marriage Act: Adultery is a recognized ground for divorce.

- Burden of Proof: The spouse must prove that the other partner is in a sexual relationship outside marriage.

- Impact on Custody & Property: Courts may consider adulterous conduct while deciding child custody, visitation rights, and division of matrimonial property.

In short, while the act may not land you in jail, it can certainly dissolve your marriage.

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💰 Maintenance & Alimony: Who Pays What?

Live-in relationships involving married individuals can significantly affect maintenance claims under Indian law.

🔴 If the Husband Is in a Live-in Relationship:

- The wife can claim enhanced maintenance under Section 125 CrPC.

- She may also seek permanent alimony under Section 25 of the Hindu Marriage Act.

- Courts consider the husband's conduct, financial capacity, and the wife’s dependency.

🟢 If the Wife Is in a Live-in Relationship:

- She may lose her right to maintenance under Section 125 CrPC if adultery is proven.

- The husband can contest maintenance claims based on her conduct.

⚖️ Court’s Discretion:

Judges assess multiple factors—duration of marriage, financial dependency, presence of children, and social impact—before awarding or denying maintenance.

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👶 Children Born from Live-in Relationships

The Supreme Court has clarified that children born out of live-in relationships are legitimate. They have the same rights as children born within marriage, including:

- Inheritance from the mother

- Father’s name on birth certificate

- Right to maintenance

However, property rights in ancestral property of the father remain complex and may require litigation.

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🛡️ Protection Under Domestic Violence Act

Women in live-in relationships—even if one partner is married—can seek protection under the Protection of Women from Domestic Violence Act, 2005, if the relationship qualifies as “in the nature of marriage.”

Courts evaluate:

- Duration of cohabitation

- Shared household

- Financial interdependence

- Public acknowledgment of the relationship

If these elements are present, the woman can seek:

- Protection orders

- Residence orders

- Monetary relief

- Custody orders

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🚫 What You Don’t Get in a Live-in Relationship

Unlike marriage, live-in relationships do not offer:

- Automatic property rights

- Succession benefits

- Spousal visa or government scheme eligibility

- Legal status as a “legal heir”

Live-in partners are treated as individuals, not as a legal unit.

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📍 Legal Advice for Residents of Faridabad & Delhi NCR

If you're in a live-in relationship while married—or your spouse is—you need strategic legal counsel. Whether it's filing for divorce, contesting maintenance, or protecting your rights under domestic violence laws, the consequences are real.

As a criminal and constitutional lawyer practicing in Faridabad and Delhi NCR, I offer:

- Expert guidance on family law disputes

- Representation in divorce and maintenance cases

- Legal remedies under PWDVA and HMA

- Strategic litigation support for child custody and property claims

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✅ Key Takeaways

- Live-in while married = Not a criminal offence

- But → Serious civil consequences in divorce, custody & maintenance

- Adultery is no longer a crime, but still a ground for divorce

- Women in live-in relationships may seek protection under PWDVA

- Children born from such relationships are legitimate under Indian law

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📞 Need Legal Help?

If you're navigating a complex personal situation involving marriage, live-in relationships, or family law disputes, reach out for a confidential consultation.

📍 Advocate Harsh Hooda  

Criminal & Constitutional Lawyer  

Faridabad | Delhi NCR  

📞 Call Now | 📧 Email | 🗓️ Book Appointment