Live-In Relationships Have Legal Sanctity; Adults Deserve Protection From Family Harassment: Delhi HC

The Delhi High Court has reaffirmed the legal recognition of live-in relationships, observing that consenting adults who choose to reside together are entitled to protection against threats or harassment from family members.

The bench of Justice Saurabh Banerjee allowed a writ petition seeking protection for a couple who alleged threats and intimidation from the woman’s father, holding that two adults who voluntarily enter into a live-in relationship cannot be subjected to interference affecting their life and liberty.

The Court relied on the Supreme Court’s decision in Nandakumar & Anr. v. State of Kerala & Ors. (2018), which held that even if parties have not entered into a formal marriage, they possess the right to live together as consenting adults.

Emphasising the evolving legal recognition of such relationships, the High Court noted that live-in arrangements have gained legitimacy in Indian law and are acknowledged in legislative frameworks such as the Protection of Women from Domestic Violence Act, 2005.

“….The same now has due sanctity in the eyes of law, and has even been recognized by the legislature under provisions such as the Protection of Women from Domestic Violence Act, 2005…,” the Court observed.

The Court further clarified that while a live-in relationship may not carry the same legal status as marriage, it shares several similarities in terms of the rights and autonomy of individuals involved.

Highlighting constitutional protections available to adults choosing their partners, the Court underscored that personal choice in relationships forms an essential part of fundamental rights.

“…..at the end of the day, marriage in India is recognised if it is inter se two consenting individuals, irrespective of the caste, creed, colour, religion and/ or faith. In fact, the Constitution of India guarantees fundamental rights in the form of Article 19 thereof, which enshrines their respective right to freedom and in the form of Article 21 which enshrines their respective right to life and liberty…,” the Court noted.

The bench also relied on the Supreme Court’s ruling in Shafin Jahan v. Asokan K.M. (2018), which recognised the right of adults to choose their partners as part of personal liberty protected under the Constitution.

Referring to that judgment, the Court observed that restricting such personal choices on the basis of societal morality or prejudice would amount to depriving individuals of their autonomy and identity.

Applying these principles to the case at hand, the Court found that both petitioners were majors who had voluntarily entered into a live-in relationship and had even executed a Live-in Relationship Agreement dated 17.02.2026, recording their mutual intention to reside together.

The Court held that in such circumstances, neither parents nor relatives have the authority to interfere with the couple’s decision.

“….even though the petitioners are not legally married and are in a Live-in relationship, however, since they are both major and consenting adults who have willingly and with utmost responsibility chosen to enter into a relationship with each other, and for which they have even executed a Live-in Relationship Agreement… no one, be it their parents… relatives or friends, have any right or authority to cause any hindrance or interference of any kind to them, much less threaten their life or liberty,” the Court stated.

In view of the circumstances, the High Court allowed the writ petition and directed the authorities to ensure that the couple’s life and liberty are protected and that they are not subjected to harassment or threats.

Courts have consistently held that live-in relationships between consenting adults are not illegal and fall within the scope of constitutional protections under Article 21 and Article 19.

Over the years, the Supreme Court has repeatedly recognised the autonomy of adults to choose their partners and cohabit without interference from society or family. In Nandakumar, the Court clarified that even where a marriage may not be legally valid, adults retain the right to live together.

Similarly, in Shafin Jahan v. Asokan K.M., the Top court emphasised that the right to choose a partner lies at the core of individual liberty and dignity.

The Delhi High Court’s ruling reiterates this constitutional position, reinforcing that societal disapproval or familial opposition cannot override the fundamental rights of consenting adults.

Case Title: Kartik & Anr. v. State of NCT of Delhi & Ors.

Bench: Justice Saurabh Banerjee

Date of Judgment: 24.02.2026