1 hr ago
Indian Courts Vary on Protections for Live-In Couples
Adults in India can choose whom they live with, even if they are not married.
A Delhi couple asked the police for help after relatives threatened them.
When the police did not act, the couple went to the Delhi High Court.
The court ordered the police to protect them.
Long-term couples who live like a family may also receive protection from abuse and may claim maintenance after a breakup.
Children born to such couples can have important legal rights.
However, different courts have not always treated similar couples the same way.
People facing threats should make a written police complaint and keep proof of what happened.
If the police do not help, they can contact senior officers, legal-aid services, or the High Court.
The Delhi High Court ordered police protection for a couple facing threats from the woman’s father and brother.
The court said consenting adults have the right to choose their partners and live together, regardless of marriage.
Legal experts say long-term live-in partners may receive domestic-violence protection, maintenance, and other remedies.
Children born from live-in relationships may have inheritance, custody, and guardianship rights, subject to legal limits.
Experts warn that protection remains inconsistent because rights have developed through separate court rulings rather than one dedicated law.
- Who
- A Delhi couple in a long-term live-in relationship, the woman’s father and brother, Delhi Police, the Delhi High Court, and legal experts.
- What
- The Delhi High Court ordered police protection for the couple and legal experts explained rights and remedies available to people in live-in relationships.
- Where
- Delhi, India, including Vijay Vihar police station and the Delhi High Court.
- When
- The couple filed a police complaint on 6 August, and Justice Saurabh Banerjee issued the protection order on 13 August; the article does not specify the year.
- Why
- The couple said the woman’s father and brother had threatened them, while police allegedly failed to act on their complaint.
Broader Constitutional Protection
Caution and Judicial Limits
Right to live together
Broader Constitutional Protection
The Delhi High Court and cited Supreme Court rulings recognize consenting adults’ freedom to choose a partner and live together without marriage.
Caution and Judicial Limits
The article notes that the legal framework is not contained in one statute, so the practical protection available can vary by court and judge.
Protection from threats
Broader Constitutional Protection
Supporters of strong protection say police should respond to threats against live-in couples and courts should intervene when police fail to act.
Caution and Judicial Limits
A 2021 Punjab and Haryana High Court ruling refused protection to a threatened live-in couple, citing concerns about disturbing the social fabric.
State oversight
Broader Constitutional Protection
Uttarakhand’s registration system under its Uniform Civil Code is described as offering couples clearer rights.
Caution and Judicial Limits
The same system involves greater state scrutiny than courts had otherwise imposed, illustrating concerns about official oversight of private relationships.
Key facts
- Delhi court order
- Justice Saurabh Banerjee directed Vijay Vihar police to protect the couple whenever needed, including if they moved elsewhere.
- Constitutional rights
- Legal experts cited Articles 19 and 21 as protecting consenting adults’ freedom of choice, life, and personal liberty.
- Domestic violence protection
- The Protection of Women from Domestic Violence Act, 2005 can apply to a relationship in the nature of marriage.
- Possible remedies
- Eligible long-term partners may seek protection orders, residence rights, compensation, and maintenance.
- Children’s rights
- Courts have held that children born from live-in relationships are legitimate and can inherit their parents’ self-acquired property.
- Recommended escalation
- People should obtain a complaint or FIR number, escalate to a senior police officer, and consider a High Court writ petition if necessary.
- Legal aid
- District or State Legal Services Authorities provide free legal assistance, and the NALSA helpline is 15100.
Quotes
Karthikeyan Subaraj
Chennai-based senior advocate discussing constitutional protection for live-in couples
“Go file a written complaint at your local police station first. Don't leave without something to show for it — a stamped copy, or at least the complaint or FIR number. That's your paper trail, and you'll need it.”
thebetterindia.com
“Living together is part of your right to life itself, under Article 21, and courts have leaned on that reasoning again and again while deciding protection and maintenance cases for people in your position.”
thebetterindia.com
Sources
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