Live-in Relationship Legal Rights in India: Maintenance, Children

Live-in relationship legal rights in India are real but narrower than a wife’s. Living together as adults is not an offence, and a woman in a “relationship in the nature of marriage” can claim protection, residence and money relief under the Domestic Violence Act, 2005 (s.2(f)). Her maintenance claim under Section 144 BNSS is unsettled, but her child can claim maintenance whether or not the parents were married.

Live-in relationship legal rights in India: what the law recognises

No Indian statute defines a live-in relationship, and none bans it. The Supreme Court has said criminal law should not interfere with personal autonomy (S. Khushboo v. Kanniammal, 2010), and the Domestic Violence Act recognises such relationships so that a woman who lived with a man like a spouse is not left without remedy. Both partners should be unmarried adults able to marry.

The criminal law has also moved. On 3 August 2026, in Dr. Lokesh B.H. v. State of Karnataka (2026 INSC 784), the Supreme Court held, as reported, that Section 498A IPC (now Section 85 BNS) can apply to a man in a live-in relationship in the nature of marriage where the parties intended to marry. The woman must first show that intent, and arrest must follow Arnesh Kumar, including a preliminary inquiry.

Uttarakhand’s Uniform Civil Code (in force from 27 January 2025, amended since) requires live-in couples there to register; check its current rules. Other states have no such law.

When is a live-in relationship “in the nature of marriage”?

In D. Velusamy (2010) the Supreme Court likened such a relationship to a common law marriage and listed four conditions: the couple hold themselves out as spouses; they are of legal age to marry; they are otherwise qualified to marry, including being unmarried; and they have voluntarily cohabited, holding themselves out as spouses, for a significant period. Weekends together, a one-night stand, or a “keep” maintained mainly for sexual purposes do not qualify.

In Indra Sarma (2013) the Court added non-exhaustive factors: duration, a shared household, pooled resources (joint accounts, property), domestic arrangements, an intimate relationship, children, public socialising as a couple, and intention. The woman who asserts the relationship must prove these. The Court refused relief to a woman who knew the man was already married, and asked Parliament to consider protecting such women and their children.

Domestic Violence Act remedies and maintenance

“Domestic relationship” in Section 2(f) means people who live or have lived together in a shared household and are related by marriage, “a relationship in the nature of marriage”, adoption or as a joint family. She can apply to the Magistrate under Section 12, directly or through a Protection Officer. The first hearing is ordinarily within three days and the Magistrate must try to decide within 60 days. Breach of a protection order is punishable with imprisonment up to one year, a fine up to ₹20,000, or both (s.31). See our domestic violence complaint guide.

Maintenance. Monetary relief under Section 20 is available to a woman who proves a relationship in the nature of marriage. Under Section 144 BNSS (old CrPC s.125), only a “wife” can claim. In 2018 the Supreme Court left open whether live-in partners can claim under Section 125, noting that the DV Act gives more relief. On 29 August 2025 it issued notice in K.P. Raveendran Nair v. Vasantha, where the Kerala High Court had held that long cohabitation raises a presumption of marriage. No final ruling had been reported at the time of writing. See the Section 144 maintenance guide.

Children of a live-in relationship: legitimacy and inheritance

A minor child can claim maintenance under Section 144 BNSS whether legitimate or illegitimate, so the father’s duty does not depend on marriage. Legitimacy is separate. Section 16 of the Hindu Marriage Act, 1955 makes children of void or voidable marriages legitimate, but does not by itself cover a couple who never married. For them, the courts rely on the presumption of marriage from long cohabitation as husband and wife (Section 114 of the old Evidence Act, now Section 119 of the BSA). In Tulsa v. Durghatiya (2008) and Kattukandi Edathil Krishnan v. Valsan (13 June 2022), the Supreme Court held the presumption strong, with a heavy burden on the person denying the marriage; in the second case the son was treated as legitimate.

On property, Revanasiddappa v. Mallikarjun (1 September 2023) lets children made legitimate under Section 16 claim their parents’ own property and share. A live-in partner is not an heir under the Hindu Succession Act merely by living together, unless a court presumes a marriage, so make a will: see who inherits without a will.

Protect your live-in relationship legal rights in India

• Keep proof of the shared household: lease, bills, joint accounts, messages.
• Record both parents’ names on the children’s birth certificates.
• Make a will, name nominees, or register a marriage for full spousal status.
• If it turns abusive, call 112 or 181.

Frequently asked questions

What are the live-in relationship legal rights in India?

A woman in a relationship in the nature of marriage can claim residence, protection and monetary relief under the Domestic Violence Act, 2005. Her children can claim maintenance and may be treated as legitimate. Maintenance under Section 144 BNSS and inheritance are narrower.

Is a live-in relationship legal in India?

Yes, between two consenting adults it is not an offence, and the Domestic Violence Act recognises such relationships.

Can a live-in partner claim maintenance?

She can seek monetary relief under Section 20 of the DV Act. Maintenance under Section 144 BNSS depends on proving a marriage or presumed marriage, and the Supreme Court issued notice on the question in August 2025.

Are children born in a live-in relationship legitimate?

If the couple lived together long as husband and wife, the law presumes a marriage and the child is treated as legitimate unless that is disproved. Maintenance does not depend on legitimacy.

Quick quiz

To know your live-in relationship legal rights in India step by step, see the Women’s Legal Rights in India certificate course. It is a Lexfolio certificate of completion, not a degree or licence to practise law.

Sources

• Domestic Violence Act, 2005: ss.2(f), 12, 17 to 22, 31
• Bharatiya Nagarik Suraksha Sanhita, 2023: s.144
• Hindu Marriage Act, 1955: s.16; Bharatiya Sakshya Adhiniyam, 2023: s.119
• D. Velusamy v. D. Patchaiammal (SC, 2010); Indra Sarma v. V.K.V. Sarma (SC, 2013); S. Khushboo v. Kanniammal (SC, 2010)
• Tulsa v. Durghatiya (SC, 2008); Kattukandi Edathil Krishnan v. Valsan (SC, 13 June 2022); Revanasiddappa v. Mallikarjun (SC, 1 September 2023)
• Dr. Lokesh B.H. v. State of Karnataka (SC, 3 August 2026); K.P. Raveendran Nair v. Vasantha (SC, 29 August 2025)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.