Live-in Relationship in India: What the Law Says and How It Affects You

If you and your partner are living together without a formal marriage, you might wonder how Indian law views that setup. The short answer: live-in relationships are recognized, but the rights and duties are not as clear‑cut as a marriage. Let’s break down the main points you need to know so you can protect yourself and avoid surprises.

Legal Status and Recognition

Since the Supreme Court’s Shafin Jahan v. Asokan K.M. decision in 2017, courts have treated long‑term live‑in couples similar to married couples for certain purposes. The key factor is “duration” and “nature of the relationship.” If you’ve lived together for at least two years and present yourselves as a couple, the court may consider you in a ‘relationship in the nature of marriage.’ That opens the door to protection under the Protection of Women from Domestic Violence Act (PWDVA) and rights related to property, maintenance, and inheritance.

However, a casual or short‑term arrangement does not enjoy these protections. The law still looks at the intention of both parties, how openly the relationship is displayed, and whether there’s any financial interdependence.

Rights and Responsibilities for Couples

Once a live‑in relationship gains legal recognition, several rights kick in. A woman can claim maintenance if she can show financial dependence, similar to a divorced spouse. She can also approach the court for protection against harassment or domestic violence.

Property matters get tricky. If you buy a property together, the name(s) on the title decide ownership. If only one partner’s name appears, the other may still claim an equitable share if they can prove contribution—either monetary or through effort. Courts look at the evidence of joint investment, such as bank statements, receipts, or witness testimony.

Children born out of a live‑in relationship automatically have the same rights as children from a marriage. Both parents are responsible for upkeep, and the mother can claim child support under the same guidelines used for married couples.

On the flip side, there’s no automatic right to inherit if the partner dies without a will. To secure inheritance, you should draft a will naming your live‑in partner as a beneficiary, or consider a joint property ownership arrangement.

If the relationship ends, division of assets follows the same principles as a dispute between unmarried partners. It’s wise to keep records of any joint expenses, loans, or investments. Having a written partnership agreement can also simplify things, though such agreements are not mandatory.

In practice, many couples ignore these legal nuances until a dispute arises. A quick chat with a family lawyer can help you understand what documents you need—like a cohabitation agreement, joint bank account, or a will—to safeguard your interests.

Remember, the law is evolving. Courts are gradually extending more rights to live‑in couples, but the protection still depends heavily on the facts of each case. Staying informed and keeping good records is the best way to make sure a live‑in relationship works for both of you without legal hiccups.