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Live-in Relationship Law in India: Rights and Protection

A live-in relationship between two consenting adults is not a crime in India. Where it is "in the nature of marriage", the woman partner can claim protection and maintenance under the Domestic Violence Act, and children born of it have legal rights.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

Are live-in relationships legal?

Yes. There is no law that makes it an offence for two adults to live together without marrying. In S. Khushboo v. Kanniammal (2010), the Supreme Court quashed criminal cases against an actor over her remarks on pre-marital relations and observed that adults living together is part of the right to life and liberty under Article 21 and is not an offence, even if some people disapprove. High Courts have since given police protection to adult live-in couples facing threats, applying the same protection the Supreme Court has extended to couples who marry against family wishes; see court marriage and family opposition.

Legal acceptance is not the same as the full status of marriage. The law gives live-in partners some protections, mainly through the Domestic Violence Act and through presumptions courts draw from long cohabitation.

"Relationship in the nature of marriage"

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) protects women in a "domestic relationship", which section 2(f) defines to include a relationship in the nature of marriage, where two people live or have lived together in a shared household.

• In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court said such a relationship must be akin to a common law marriage: the couple hold themselves out to society as being like spouses, are of legal age to marry, are otherwise qualified to marry (for example, neither is already married), and have voluntarily lived together for a significant period. Weekends together or a one-night stand do not qualify.
• In Indra Sarma v. V.K.V. Sarma (2013), the Court held that not every live-in relationship is covered. It set out factors to look at, including the duration of the relationship, a shared household, pooling of resources and finances, domestic arrangements, sexual relationship, children, how the couple presented themselves in public, and their intentions and conduct. On the facts, a woman who knowingly entered a relationship with a married man was not given relief under the Act, though the Court urged Parliament to consider protecting such women.

If the relationship qualifies, the woman partner can seek protection orders, residence orders, monetary relief, custody of children and compensation under the PWDVA, as described on our domestic violence act page. For emergencies call 112; the Women Helpline 181 connects to police, shelter and legal help.

Maintenance

Monetary relief under the PWDVA is the most direct route for a woman live-in partner. Claims under section 144 of the Bharatiya Nagarik Suraksha Sanhita (formerly section 125 CrPC), which is written for a "wife", have been allowed by some courts where a long relationship raises a presumption of marriage, but the law here is not uniform. Our page on maintenance and alimony explains the general rules.

Children born in a live-in relationship

Courts have repeatedly held that where a man and woman live together for a long time as husband and wife, the law presumes they are married, and children born of the relationship are not treated as illegitimate. Children are entitled to maintenance from both parents in any case. For children of void or voidable marriages, section 16 of the Hindu Marriage Act confers legitimacy, and in Revanasiddappa v. Mallikarjun (2023) a Supreme Court bench held that such children are entitled to their parent's share in property, including the parent's share in ancestral property on a notional partition, though they do not become coparceners by birth in a Mitakshara family. Inheritance questions turn on the facts, so get advice.

Uttarakhand: compulsory registration under the UCC

Uttarakhand's Uniform Civil Code, which the state brought into operation in January 2025, requires partners in a live-in relationship within the state, and Uttarakhand residents in such relationships elsewhere, to submit a statement to the Registrar within one month of entering the relationship. Not registering can bring imprisonment of up to three months, a fine of up to ten thousand rupees, or both, and a false statement attracts a higher fine. The Code also provides that a child born of a live-in relationship is legitimate, and lets a woman deserted by her live-in partner claim maintenance. Petitions challenging these provisions, including on privacy grounds, are pending before the Uttarakhand High Court. The Code does not apply to Scheduled Tribes. See our Uttarakhand registration guide.

Practical points

• Keep proof of a shared life: joint rent agreement, bank account, address documents, photos. They matter if you ever need to show a relationship in the nature of marriage.
• If either partner is still married to someone else, the PWDVA protection is likely to be limited, and the arrangement may cause other legal problems.
• If you plan to marry later, registration is simple; see the marriage registration hub.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Questions people ask

Is a live-in relationship legal in India?

Yes. Two consenting adults living together is not an offence. The Supreme Court in S. Khushboo (2010) linked it to the right to life and liberty under Article 21.

Can a live-in partner file a domestic violence case?

A woman in a relationship in the nature of marriage can seek relief under the Domestic Violence Act. Courts look at factors such as duration, shared household, finances and how the couple presented themselves, as set out in Indra Sarma (2013).

Are children born in a live-in relationship legitimate?

Where the couple lived together for a long time as husband and wife, courts presume a marriage and do not treat the children as illegitimate. In Uttarakhand the UCC expressly declares such children legitimate.

Is live-in registration compulsory in Uttarakhand?

Yes for those covered by the Uniform Civil Code. Partners must submit a statement within one month, and failing to register can bring up to three months in jail, a fine up to ten thousand rupees, or both.

Can a live-in partner claim maintenance?

A woman partner can claim monetary relief under the Domestic Violence Act if the relationship is in the nature of marriage. Claims under BNSS section 144 depend on whether a court presumes a marriage.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

• The Leaflet: Domestic Violence Act definitions, relationship in the nature of marriage
• LegitQuest: Indra Sarma v. V.K.V. Sarma (2013)
• The Leaflet: judicial view of live-in relationships including S. Khushboo
• Supreme Court of India: Revanasiddappa v. Mallikarjun judgment (1 September 2023)
• LiveLaw: Uttarakhand UCC and registration of live-in relationships
• NALSA: FAQs on free legal aid and helpline 15100

Before marriage: more

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