Live‑in relationships are not a criminal offence or “illegal”
Why in news?
The Allahabad High Court (Justice Vivek Kumar Singh, Dec 2025) held that while live‑in relationships may not be acceptable to all, they cannot be termed “illegal” and living together without marriage does not constitute an offence.​
Constitutional basis and State’s duty
- The Court grounded its view in Article 21, holding that the right to human life stands on a “much higher pedestal” and cannot be denied merely because the couple is unmarried or in a non‑traditional arrangement.​
- It expressly stated that “it is the bounden duty of the State, as per the constitutional obligations cast upon it, to protect the life and liberty of every citizen,” and that police must provide immediate protection once they verify that the individuals are majors and living together voluntarily.​
Supreme Court and broader jurisprudence
- The Supreme Court has earlier clarified that live‑in relationships between consenting adults are not illegal and do not attract criminal liability merely because the couple is unmarried.​
- High Courts (including Punjab & Haryana HC) have extended protection even where one partner is already married, stressing that personal liberty and protection from tangible threats cannot be denied on grounds of morality, though this may not validate the relationship as a “marriage” in law.​
Limits and nuances
- Protection is typically granted where there is a real threat to life or liberty from family or community; courts have refused protection in some cases where an existing undissolved marriage would be directly undermined, treating that as an encroachment on the other spouse’s legal rights.​
- Courts distinguish between:
- Criminal/illicit (not the case with consensual live‑ins between majors), and
- Civil/moral objections, which cannot override fundamental rights to life, liberty, and choice of partner.​
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