Can unmarried couple stay in hotel in India

There are no laws that prohibit the stay of unmarried couples in the hotels. It is completely a personal choice and falls under freedom of movement and the same cannot be restricted. However, few hotels have their own policies and defined check-in criterias.

Valid Age:

Unmarried couples above 18 years of age possessing valid ID Proof can check-in into hotels of their choice unless the hotel restricts it. Madras High court said, “Apparently, there are no laws or regulations forbidding unmarried persons of opposite sex from occupying hotel rooms as guests. The occupation of a hotel room by an unmarried couple will not be considered a criminal offence, even though two adults living together is not considered to be a crime.

Couple from same city:

No law in India prohibits hotels from hosting guests from the same city as that of hotel’s location but manager’s can exercise discretion over the same.

Can rent house in India: 

It is important to have a rent agreement in the name of both the parties.

Police cannot arrest if found in hotel or public place:

Police cannot arrest the consenting adults having valid ID Proof staying in the hotel and any law cannot restrict any unmarried couple sitting in a public place.

However, if they are caught doing any obscene activity at a public place they will be punished under Section 294 of IPC. It is often misused by police as it is punishable with 3 month’s imprisonment. 

Legal Status of Children, if any born out of such cohabitation:

Supreme Court in S.P.S. Balasubramanyam V. Suruttayan said, “If a man and woman are living under the same roof and cohabiting for some years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate.”

Why do hotels deny rooms to unmarried couples?

Hotels refuse to rent rooms to unmarried couples because of deliberate fear of social judgement and concern for the hotel’s reputation in the event of a police raid. The police mostly conspires with the hotel owners who give the information to police to arrest the unmarried couples who are spending time in the hotel rooms. There are countless incidents which happen every now and then and unmarried couples have to bear the brunt. 

Things to take care:

1. There are several hotels for unmarried couples which rent rooms to couples without hassle. Safe way to book a hotel is online via any application. A room can be pre booked safely without any uncomfortable questions.
2. Read Hotel Policies carefully. Some hotels for reasons best known to them do not allow unmarried couples to book a room
3. Be confident while booking a room so that no one can threaten you
4. Carry your identification proofs, hotel authorities will keep a scanned copy of your identity proofs.

In a nutshell, it is okay to stay at any hotel anywhere in India. No law prohibits an unmarried couple from staying in any hotel across India. However, do not indulge in any illegal or suspicious activities during your stay in the hotel. With the number of educated people increasing in our society, the mindset towards couple shaming is gradually decreasing.