NEW DELHI: Live-in relationships have increasingly come before Indian courts in disputes involving maintenance, domestic violence, criminal complaints and the rights of children. But a live-in relationship does not automatically give partners the same legal status as a married couple. Here are key questions on the rights and remedies available under Indian law.Are live-in relationships legal in India?Yes. Indian courts have recognised the right of consenting adults to choose their partner and live together without marriage. The Supreme Court has linked this choice to the right to life and personal liberty under Article 21.In Lata Singh v State of Uttar Pradesh (2006), the Supreme Court held that two consenting adults living together does not amount to an offence and directed protection for an adult woman facing threats over her choice of partner.“A consensual live-in relationships between adults are not by themselves illegal in India. However, merely living together for a long period does not bind a couple to a valid marriage,” said Manmeet Kaur, Partner at Karanjawala & Co.What is a “relationship in the nature of marriage”?Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 includes a “relationship in the nature of marriage” within the definition of a domestic relationship. The Supreme Court has said that not every live-in relationship will qualify. In D Velusamy v D Patchaiammal and Indra Sarma v V K V Sarma, the court considered factors including the duration of the relationship, shared household, financial arrangements, domestic responsibilities, children, social recognition and the intention of the parties.“The courts may consider factors such as shared household; duration of relationship; pooling of resources; having children is a strong presumption; holding out in front of the public as a couple; intention and conduct of parties involved. That the same would depend on facts and circumstances of each case,” Kaur said.Can a woman in a live-in relationship claim maintenance?A woman may be able to seek maintenance, depending on the facts and the legal provision involved. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the current provision corresponding to Section 125 of the CrPC. Kaur said a claim can arise where there is a presumption that the couple was legally married and had continuously lived together for a number of years.A woman may also seek monetary relief or maintenance under the Domestic Violence Act if the relationship qualifies as being in the nature of marriage.What protection is available after a live-in relationship breaks down?The Domestic Violence Act provides remedies including protection orders, residence orders, monetary relief and compensation in appropriate cases.The Supreme Court also ruled in 2026 that Section 498-A of the IPC can apply to a live-in relationship that qualifies as being in the nature of marriage, where intention to marry is established as an intrinsic part of that relationship. The ruling was limited to Section 498-A and does not mean every live-in relationship is treated as a marriage.What evidence can help prove a live-in relationship?Courts can examine how the couple actually lived rather than relying only on how they described their relationship.“Courts may consider evidence such as a shared residential address, joint bills or financial arrangements, photographs, messages, correspondence, travel records and other documents showing that the parties maintained a common household,” Kaur said.What rights do children born from live-in relationships have?The legal position of children is separate from the legal status of their parents’ relationship. In Tulsa v Durghatiya (2008), the Supreme Court dealt with the status of children born from long-term cohabitation where the parents lived together as husband and wife.The Supreme Court has also examined property rights of children born from relationships where the marriage between their parents is legally defective. In Revanasiddappa v Mallikarjun, a three-judge bench held that children covered by Section 16 of the Hindu Marriage Act are entitled to rights in their parents’ property, subject to the limits laid down by law.Do live-in partners automatically inherit each other’s property?No. A live-in partner does not automatically get the same succession rights as a legally married spouse simply because the couple has lived together for years. Property rights may instead depend on ownership documents, joint ownership, a will, nomination and the applicable succession law.For couples who do not have a formal marriage, this can make legal documentation important if they want to secure a partner’s financial interest.Can a woman approach court over a false promise of marriage?A failed relationship or a decision not to marry does not automatically amount to a criminal offence. Section 69 of the Bharatiya Nyaya Sanhita, 2023 deals with sexual intercourse obtained through deceitful means, including a promise to marry made without an intention to fulfil it, where the conduct does not amount to rape.The circumstances and intention behind the promise are important in determining whether an offence is made out. Kaur said a woman may “invoke relevant protection under criminal jurisprudence where an independent offence is made out”.Can family members stop an adult couple from living together?Consenting adults have the right to choose their partner and decide where they want to live, and family disapproval does not by itself take away that right. Threats, violence or coercion against consenting adults can become matters for police or judicial intervention, depending on the circumstances.Does living together for many years automatically make a couple legally married?No. Long-term cohabitation can, in appropriate circumstances, support a presumption of marriage, but it does not automatically create a valid marriage. The Supreme Court has distinguished between a presumption of marriage arising from particular facts and the automatic creation of a valid marriage.What should couples know about legal protection?There is no single law giving live-in couples all the rights and obligations of married spouses. Instead, different laws and court rulings provide specific protections depending on the circumstances. Women may have remedies relating to domestic violence and maintenance, while children can have legal rights even where their parents were not formally married.
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