Live-in Relationship in India: Know Your Legal Rights & Duties

In modern India, live-in relationships have become increasingly common, especially among young couples in cities. But is a live-in relationship legal in India? What happens if the relationship breaks down? Does the woman have any rights like a wife? What about the rights of children born from a live-in relationship?

If you’re in a live-in relationship or planning one, it’s important to know what the law actually says, so you can protect your rights and avoid future complications.

What Is a Live-in Relationship?

A live-in relationship means an arrangement where an unmarried couple lives together under one roof, sharing a household like husband and wife — without legally registering a marriage.

India does not have a specific Live-In Relationship Law, but courts have recognized live-in relationships through various landmark judgments.

Is Live-In Relationship Legal in India?

✅ YES! The Supreme Court and High Courts have clearly held that a live-in relationship is not illegal if both partners are consenting adults.

The Protection of Women from Domestic Violence Act, 2005 (DV Act) recognizes the term “relationship in the nature of marriage”. This means a woman in a genuine live-in relationship has legal rights similar to a wife, especially for protection against abuse or for claiming maintenance.

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Legal Rights of Live-In Partners

1️⃣ Right to Protection from Abuse
Under Section 2(f) of the Domestic Violence Act, a woman in a live-in relationship can file a domestic violence complaint if she faces physical, emotional, or economic abuse.

2️⃣ Right to Maintenance
If a man abandons his partner, she can claim maintenance under the DV Act — just like a wife can. The courts look for evidence of a long-term, stable relationship.

3️⃣ Rights of Children Born in Live-In Relationship
Children born from a live-in relationship are legitimate in the eyes of law. They have the same rights of inheritance from parents as a child born in a marriage.

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Can a Live-In Partner Claim Property Rights?

A live-in partner cannot claim ancestral property rights of the other partner’s family. But she can claim maintenance and residence rights under the Domestic Violence Act.

For property jointly purchased, usual civil property and partnership laws apply.

How Courts Test if a Live-In Relationship Is Genuine

The Supreme Court has laid down certain factors to decide if a live-in relationship qualifies as a “relationship in the nature of marriage”:

• Long-term cohabitation, not casual.
• Shared household.
• Social recognition — introducing each other as husband and wife.
• Shared finances or children.

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How to Prove a Live-In Relationship

If there’s a dispute, courts look at:
✔️ Joint bank accounts, photos, travel records.
✔️ Address proofs, rental agreements.
✔️ Witnesses who know you lived together.

Can You Register a Live-In Relationship in India?

Currently, there is no official registration for a live-in relationship under Indian law — unlike marriage. However, couples often make a cohabitation agreement outlining:

• Financial responsibilities.
• Property sharing.
• Maintenance terms if they separate.

This is not legally binding like a marriage, but it helps resolve disputes.

Difference Between Live-In Relationship and Marriage

Aspect	Marriage	Live-In Relationship
Legally Registered	Yes	No official registration
Law Governing	Hindu Marriage Act, Special Marriage Act, etc.	No specific Act — covered by DV Act & court rulings
Rights of Partner	Full spousal rights	Limited rights under DV Act
Child’s Rights	Legitimate	Legitimate — same inheritance rights
Maintenance	Mandatory duty	May get maintenance if relationship is stable & proved

What Happens If You Separate?

If a live-in relationship ends, the woman can:
✅ Claim maintenance under DV Act.
✅ Seek residence orders if thrown out.
✅ Get protection orders if threatened.

Important Supreme Court Judgments on Live-In Relationship

🔹 Indra Sarma v. V.K.V. Sarma (2013): Explained conditions for relationship in the nature of marriage.
🔹 D. Velusamy v. D. Patchaiammal (2010): Laid down tests for a genuine live-in relationship.
🔹 Tulsa & Ors. v. Durghatiya & Ors. (2008): Held children from live-in are legitimate.

How We Help with Live-In Relationship Legal Matters

✅ Draft Cohabitation Agreements
✅ Legal advice on rights & duties
✅ File for maintenance under DV Act
✅ Help with child custody or inheritance
✅ Protection orders for domestic violence

Live-In Relationships Are Legal — Protect Yourself Legally!

If you choose to live together without marriage, know your rights. Protect your future by understanding the law, keeping documents ready, and consulting a family lawyer if there’s abuse, cheating, or abandonment.

📞 Need Help? Talk to a Family Law Expert Today

Get confidential advice on:
✅ Live-in relationship legal rights
✅ Domestic violence protection
✅ Maintenance and custody
✅ Cohabitation agreements

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