In India, live-in relationships are no longer a “grey area.” They are legal under Article 21 of the Constitution. However, the law distinguishes between a casual relationship and one that is “in the nature of marriage.”
According to a landmark Madras High Court ruling (November 2025), long-term live-in couples should be treated with the same dignity as traditional “Gandharva” marriages to ensure women aren’t left stranded.
1. When Does the Law Recognize Your Relationship?
The courts don’t give “marriage-like” rights to every live-in couple. To qualify for legal protection, your bond must meet certain criteria:
- Shared Household: You must have lived under the same roof for a significant period.
- Social Status: You should have presented yourselves to society (friends, neighbors, relatives) as a couple.
- Financial Pooling: Sharing bank accounts, paying joint bills, or managing a household together acts as strong evidence.
- Legal Age: Both partners must be of legal marriageable age and otherwise eligible to marry.
2. Your Core Legal Protections
If your relationship is recognized by the court, you have four primary shields under Indian law:
A. Protection from Domestic Violence (DV Act 2005)
This is the most powerful tool for women in live-ins. It provides:
- Right to Residence: You cannot be evicted from the shared house, even if the house is owned only by your partner.
- Protection Orders: The court can stop your partner from communicating with you or entering your workplace if there is a threat of violence.
B. Right to Financial Maintenance (Section 144 BNSS)
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), a woman in a long-term live-in relationship can claim maintenance (financial support) if the partner abandons her or she is unable to support herself.
C. Protection Against False Promises (Section 69 BNS)
The Bharatiya Nyaya Sanhita (BNS) now explicitly penalizes men who induce women into sexual relationships based on a false promise of marriage with no intention of fulfilling it.
D. Status of Children
- Legitimacy: Any child born from a live-in relationship is considered fully legitimate in the eyes of the law.
- Property Rights: These children have a legal right to inherit their parents’ self-acquired property.
3. The “Hard Truth”: Where the Law Stops
Despite the protections, there are major gaps that every woman should know:
- No Automatic Inheritance: If your partner dies without a Will (Intestate), you have no legal claim to his assets. His property will go to his “legal heirs” (mother, children, etc.).
- Property Ownership: If you helped buy a flat but your name isn’t on the registry, it legally belongs to him.
- Ancestral Property: While children can claim a share, the woman generally cannot claim a share in the partner’s family’s ancestral property.
4. How to Secure Your Future
Since Indian law is still evolving, the “smartest” move is to be proactive:
- Document the Life Together: Keep copies of joint rental agreements, gas bills, or flight bookings where you traveled as a couple.
- Draft a “Live-in Agreement“: While not as binding as a marriage certificate, a written agreement regarding financial contributions and asset division can be used as evidence of intent in court.
- Nominate Each Other: Ensure your partner names you as a nominee in bank accounts and insurance policies.
