Live-In Relationships Aren’t Illegal – Allahabad High Court

Live In laws in India has been a topic of much debate, and even Live In couples are unclear, unless you read this article. 


Live-In relationships existing in Indian society isn’t new or rare, but has been under the shroud of social taboo, questions, family strife and a demi – unacceptability to the extent, chit-chats in local tea shops and meeting joints advocating moral policing.  Such overboard extent of prying and moral task force driven by unannounced publicity stunt, or gaining support in form of financials, the such live-in adult couples living peacefully find themselves threatened, criminally coerced to the extent of physical and emotional abuse; questioning the trust in liberty guaranteed by constitution of democratic republic of India, which truly stood test of time, for upholding civil, social and personal liberties.

 

The December 17, 2025, order by Allahabad High Court has granted relief to 12 couples in addition to granting police protection, as these innocent couples were facing aggravating circumstances of criminal intimidation and coercion, mostly by their families opposing their relationship without marriage.

  • The high court order by the bench of justice Vivek Kumar Singh on a batch of petitions, states the consenting adults in Live-In relationship are entitled to state protection of their lives in liberty.
  • The order clearly states “Police must provide immediate protection after confirming that the individuals are adults and consenting / living voluntarily”

Measuring ‘Right to Life’ vs ‘Sanity of Marriage’ under Legal Lens

The Allahabad High Court in its order has reasoned that a citizen’s right to life is much higher than preserving or maintaining the sanity of marriage, and therefor it’s the duty of state to protect life and personal liberty.

The court has further reasoned:

  • The petitioners who are adults have decided to reside together without the sanity of marriage, and it is not for the courts to judge them about their decision.
  • If the petitioners have not committed any offense, this court doesn’t see any reason why their prayer to protect their personal liberty and protection should be acceded.
  • The judge said that the morality may vary between social and individual perspectives, but legality is unaffected because of these differences.

 

References to Acts & Other Court Judgements

 

  1. Reference to Domestic Violence Protection Act 2005: Citing the “Protection of Women from Domestic Violence”, the act provides protection and maintenance to women in domestic relationship. The said Act never mentions the word ‘wife’.
  2. Reference to Supreme Court of India: Reference was also drawn to Supreme Court of India’s various orders the reaffirms the Right to Choose Partner derives from the Right to Life and Personal Liberty provided by The Constitution of India’s Article 21.
  3. Protecting Constitutional Rights: By any legal order or means blocking the citizen from liberty to choose partner is violation constitutional freedom provided by Article 21 of the Constitution as well as violation of human rights.
  4. Reference and Contratiction to Orders of Other High Court Benches: With reference to orders passed by several other High Court benches, which have denied protection to Live In couples, the Allahabad High Court has a contradictory view. Asserting that if the individuals haven’t committed any offense of criminal nature, the court is not of the same view as other High Court benches and cannot deny protection.

What will Couple Do After the Step

The couples were advised to take a certified copy of the order and approach commissioner of police office, or SSP or SP of their jurisdiction.

Get Free Legal Advise 

You may reach out to us as Black & White Law Media has been operating Free Legal Advise to women and live in couples via chat helpline or call based counselling. 

Further Reading 

You may visit Allahabad Highcourt website to read latest Judgement Headlines : 

https://www.allahabadhighcourt.in/

 

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