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Family, Marriage & Succession

What are the legal rights of a woman in a live-in relationship in India?

Updated · 6 July 2026

A woman in a long-term live-in relationship 'in the nature of marriage' can claim maintenance, domestic violence protection, and her children are legitimate with full inheritance rights to the parents' property.

Does Indian law recognise live-in relationships?

Yes — Indian law recognises live-in relationships 'in the nature of marriage' for purposes of protection from domestic violence, maintenance and children's inheritance rights. The Supreme Court's framework was laid down in D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469, which held that a relationship qualifies if it has:

(1) Considerable duration — not just a casual fling or one-night encounter;
(2) Voluntary cohabitation in a shared household;
(3) Public reputation — the couple holds themselves out to society as akin to spouses (joint accounts, shared bills, common social presence);
(4) Eligibility to marry — both partners are unmarried adults of legal age.

A relationship that fails any of these tests (e.g., adulterous with one spouse still married) does not get the same legal protections.

Can a woman claim maintenance from a live-in partner?

Yes — provided the relationship is 'in the nature of marriage' under the D. Velusamy test. The Supreme Court extended Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC) to such relationships in:

(1) Chanmuniya v. Virendra Kumar Singh Kushwaha, (2011) 1 SCC 141;
(2) Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755.

The Magistrate can order monthly maintenance after a summary hearing, with the quantum determined by the partner's income, the woman's needs, and the standard of living during the relationship — the same factors as marital maintenance, per the Rajnesh v. Neha guidelines. The application can be filed in the Family Court where the woman resides.

Is a live-in partner protected by the Domestic Violence Act?

Yes. Section 2(f) of the PWDVA, 2005 defines 'domestic relationship' to expressly include 'a relationship in the nature of marriage'. A woman in a qualifying live-in relationship can therefore obtain all reliefs under the Act, including:

(1) Protection Order — restraining further violence and contact;
(2) Residence Order — protecting the right to stay in the shared household;
(3) Monetary Relief — maintenance, medical expenses, loss of earnings;
(4) Custody Order for any children of the relationship;
(5) Compensation Order for physical, mental and emotional harm.

See our step-by-step DV protection order guide for the procedure. The Magistrate can pass an ex-parte interim order within days.

Are children born from a live-in relationship legitimate?

Yes, and they enjoy full inheritance rights from both parents. The Supreme Court has progressively affirmed this in:

(1) Tulsa v. Durghatiya, (2008) 4 SCC 520;
(2) Bharatha Matha v. R. Vijaya Renganathan, (2010) 11 SCC 483;
(3) Most recently and authoritatively in Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087 (Constitution Bench), which held that children born from invalid or live-in relationships are entitled to a share in both separate and ancestral coparcenary property under the Hindu Succession Act, 1956.

Children can claim:
- Maintenance during minority under Section 144 BNSS — see our child maintenance guide;
- A share in the parents' property on succession;
- Pension and insurance benefits, where dependency is established.
Reference Citation: Section 144, BNSS, 2023; Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755; Hindu Succession Act, 1956

Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.