Cohabitation Laws in India: What Unmarried Couples Need to Know

Ever wondered if living together without marriage gives you any legal backup? In India, the courts have started treating live‑in relationships more like marriages, but the rules are still fuzzy. This guide breaks down what the law says, what rights you actually have, and how to protect yourself if things go south.

Legal Recognition of Live‑in Relationships

Since the Supreme Court’s 2010 Sarojini v. Sukhes ruling, a relationship where a man and a woman live together as husband and wife can be considered a "live‑in" partnership. The key is proving that the couple shares a domestic life similar to marriage. Courts look for things like a shared household, joint finances, emotional closeness, and the intention to live together for the long run.

There's no fixed time limit, but most judges expect at least a year of cohabitation before granting legal recognition. If you can show joint bank accounts, shared bills, or a lease with both names, it strengthens your case.

Key Rights and How to Protect Them

Once a live‑in relationship is recognized, several rights kick in. First, property rights: if you contributed money or effort to a house, you can claim a share, even if the title is only in your partner’s name. Second, maintenance: the court can order your partner to pay you financial support if the relationship ends and you’re left without means.

Domestic violence protection also applies. If you face any abuse, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005, just like a married woman would.

To protect yourself, consider a cohabitation agreement. It’s a simple document that spells out how assets, debts, and responsibilities will be split if you break up. You don’t need a lawyer to draft it, but having it notarized adds weight in court.

Keep evidence of your shared life: photos, messages, joint bills, and even a joint lease. If a dispute arises, a collection of these documents can make it easier for a judge to see that you were truly living as a couple.

If things go wrong, file a petition in the family court. Bring all proof of joint finances, property contributions, and any communication about your future together. The court will look at the overall picture, not just one piece of evidence.

Finally, remember that the law is still evolving. Stay updated on new judgments or state‑specific rules, especially if you’re in a metro city where courts tend to be more progressive. Knowing your rights and having a game plan can turn a vague legal space into a solid safety net.