Live-in Relationship in India: Is It Legal? Rights of Partners and Children

Is it legal?

Yes. The Supreme Court has said that living together is a matter of personal choice and not an offence. The partners must be adults and legally free to live together, and neither should be in a subsisting marriage with someone else.

What rights does a woman have?

• Protection from violence: Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 covers a “relationship in the nature of marriage”. The Supreme Court in *D. Velusamy v. D. Patchaiammal* (2010) and *Indra Sarma v. V.K.V. Sarma* (2013) listed factors to decide this, such as duration, shared household, pooled finances, public presentation as a couple and intention to live as spouses.
• Residence and monetary relief: She can seek protection orders, a residence order and monetary relief.
• Maintenance: Courts have drawn a presumption of marriage in long-term relationships where the couple lived like husband and wife, so that a partner may claim maintenance (section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, earlier section 125 CrPC).

Rights of children

Children born in a long-term live-in relationship are treated as legitimate by the courts (Tulsa v. Durghatiya, 2008). In Revanasiddappa v. Mallikarjun (2023) the Supreme Court held that children of such unions have a right to their parents’ property. Parents have a duty to maintain them.

What it does not give you

• No automatic share in the partner’s property like a spouse
• No status as “wife” or “husband” for official purposes unless the relationship is recognised
• Inheritance rights depend on a will or the personal law applicable

False promise of marriage

A man who has sex with a woman on a false promise of marriage, hiding his intention, can be prosecuted under section 69 of the Bharatiya Nyaya Sanhita, 2023. Courts examine each case carefully on the facts.

Practical tips

1. Keep proof that you live together (lease, bills, bank accounts, photos).
2. Make a written agreement about money, property, children and exit terms.
3. Make a will, nominate beneficiaries on insurance and bank accounts.
4. Check that neither partner is already married.
5. Seek help early if violence or threats occur. Women can call the helpline 181, and the police at 112.

Registration of live-in relationships

Uttarakhand has introduced registration for live-in couples under its Uniform Civil Code. There is no such requirement in Karnataka at present.

Frequently asked questions

Related reading

• Can a wife claim her husband’s property?
• A practical guide to divorce

Last reviewed: October 2026. This article is for general information only. It is not legal advice and does not create an advocate-client relationship. Laws, fees and procedures change, and every case depends on its own facts, so please consult a qualified advocate before acting. In line with Bar Council of India rules, this page is not an advertisement or solicitation.