“Not married, but living together? Here’s what Indian law really says about your rights.”
Why This Matters More Than Ever
Live-in relationships are no longer taboo in urban India—but are they protected by law? Can couples claim rights similar to married spouses? Can women in such relationships seek legal remedies in case of abandonment or abuse?
In this post, we break down the legal status, rights, and risks involved in live-in relationships under Indian law—so you don’t just cohabit, you cohabit smart.
What is a Live-in Relationship in Legal Terms?
A live-in relationship is an arrangement where an unmarried couple chooses to live together under the same roof in a relationship that resembles marriage.
In India, the courts and legislations don’t officially define “live-in relationship” in a codified law—but the Supreme Court has recognized them as valid under certain circumstances.
⚖️ “A live-in relationship between two consenting adults is not illegal.”
— Supreme Court of India, 2010
Legal Rights of Couples in Live-in Relationships
1. Right to Protection Under Domestic Violence Act, 2005
Women in live-in relationships are protected under the Protection of Women from Domestic Violence Act (PWDVA), 2005, if the relationship qualifies as a “relationship in the nature of marriage.”
🔍 What counts?
Courts evaluate the duration of the relationship, shared household, financial dependence, and whether the couple presented themselves publicly as partners.
2. Right to Maintenance
Yes, maintenance isn’t just for married spouses.
If a woman is deserted or left without financial support after a long-term live-in relationship, she can seek maintenance (alimony) under the PWDVA.
📌 Important: She must prove that the relationship had elements of permanence, exclusivity, and social acknowledgment.
3. Rights of Children Born from Live-in Relationships
The Supreme Court has made it clear: children born out of live-in relationships are legitimate and have the same legal rights as those born in wedlock.
👶 They are entitled to:
Inheritance from the mother
Father’s name on birth certificate
Maintenance
However, property rights in ancestral property of the father remain complex and subject to legal scrutiny.
What You Don’t Get in a Live-In Relationship
No automatic right to property (unlike married couples)
No joint marital rights under Hindu Marriage Act
No succession rights as “legal heir” of the partner
No spousal visa or benefits in government schemes
Live-in partners are still viewed as individuals under law—not as a legal unit like married spouses.
Key Legal Judgments You Should Know
Indra Sarma v. V.K.V. Sarma (2013)
The Supreme Court laid down guidelines to determine whether a live-in relationship qualifies for protection under PWDVA.
Badri Prasad v. Dy. Director of Consolidation (1978)
A 50-year live-in relationship was recognized as a valid marriage in the eyes of law.
Tulsa & Ors vs. Durghatiya & Ors (2008)
Children born from long-term live-in relationships are considered legitimate.
Tips to Protect Yourself Legally
Make a cohabitation agreement
Clearly define financial responsibilities, property sharing, exit clause, and consent. This can be used in court if disputes arise.
Keep evidence of shared household
Photos, rent agreements, joint bills or travel—these help in proving “relationship in the nature of marriage” if needed.
Consult a legal expert
Especially if you’re investing in property together or planning to raise children.
🧠 Did You Know?
In states like Maharashtra, live-in partners can register their relationship for documentation purposes.
Freedom with Responsibility
Live-in relationships may offer emotional and practical flexibility—but with that freedom comes a lack of legal cover unless you’re informed.
Understanding your legal rights and boundaries ensures that love doesn’t turn into a legal nightmare.
What do you think?
Have you been in or are considering a live-in relationship? Do you believe Indian law should offer more protection? Share this article who need this.
Supreme Court Recognizes Implied Consent in Live-In Relationships
The Supreme Court of India ruled that prolonged cohabitation between consenting adults implies mutual understanding and consent, impacting how allegations based on unfulfilled marriage promises are viewed. 🔗 Read more on India Today