Asked by a reader in Bengaluru

We are in a live-in relationship. What legal rights do we actually have?

Answered by Advocate Sharan Jain··Family & Divorce Law

Short answer

Living together is not an offence and is constitutionally protected. A relationship in the nature of marriage brings protection under the Domestic Violence Act, including maintenance and residence, and children born of such a relationship are legitimate and inherit from their parents.

Live-in relationships occupy a genuinely odd position in Indian law. They are lawful and protected, but they are not marriage, and the rights that flow from them are narrower than many people assume.

What is settled

  • Two consenting adults living together is not an offence, and the Supreme Court has treated the choice as part of the right to life and personal liberty under Article 21.
  • A woman in a "relationship in the nature of marriage" falls within the definition of a domestic relationship in the Protection of Women from Domestic Violence Act, 2005. She can therefore seek protection orders, residence orders, monetary relief and compensation.
  • Children born of a live-in relationship are legitimate for the purpose of inheriting from their parents, and are entitled to maintenance.

What the phrase "in the nature of marriage" requires

In D. Velusamy v. D. Patchaiammal (2010) the Supreme Court indicated that the relationship must resemble marriage: the parties must hold themselves out to society as spouses, be of legal age to marry, be otherwise qualified to marry including being unmarried, and have voluntarily cohabited for a significant period. A brief or casual relationship, or one where a party is already married, may fall outside it.

The gaps that matter
There is no automatic right of inheritance between live-in partners. If one partner dies without a will, the other generally takes nothing. There is also no divorce-style division of property, and no automatic entitlement to a partner's insurance, gratuity or pension. A will and clear documentation of jointly owned assets are the only practical protection.

Practical protections worth putting in place

  • A will, for each partner. This is the single most important step.
  • Clear records of contribution to jointly acquired property, and joint ownership where intended.
  • Nominations updated on bank accounts, insurance and provident fund.

Some states have recently introduced registration requirements for live-in relationships. Check the position where you live, because the obligations differ.

Nothing there yet? Send the question in and it gets answered here.

Related legal service

Dealing with this yourself rather than reading about it? Our Bangalore advocates work in this area.

Family & Divorce Law →Book a Confidential Consultation

Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 27, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

← All answered questions

People also asked

Family & Divorce

Can my husband or in-laws throw me out of the house?

Not lawfully, while proceedings are on foot or a residence order exists. Section 17 of the Domestic Violence Act gives every woman in a domestic relationship the right to reside in the shared household, and she cannot be evicted except by procedure established by law.

Family & Divorce

What are the actual steps to file a domestic violence case?

Gather evidence first, then approach the Protection Officer, a registered service provider or the Magistrate directly. You can seek protection, residence, monetary relief and interim custody orders in the same application.

Family & Divorce

What documents do we need for a court marriage, and how long does it take?

Proof of age, proof of address, passport photographs, and affidavits of marital status and non-relationship, plus three witnesses with ID. Under the Special Marriage Act there is a mandatory 30 day notice period before the marriage can be solemnised.

Family & Divorce

Are children legally required to maintain their parents?

Yes. Parents unable to maintain themselves can claim under Section 144 BNSS, and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives a faster route through a Maintenance Tribunal, including power to cancel a gift or transfer made on a promise of care.

Family & Divorce

Who can claim maintenance under Section 125 CrPC, now Section 144 BNSS?

A wife including a divorced wife who has not remarried, minor children whether legitimate or illegitimate, an adult child who cannot maintain themselves due to disability, and parents unable to support themselves. Since 1 July 2024 the provision is Section 144 BNSS.

Family & Divorce

My in-laws are refusing to return my streedhan. What can I do?

Streedhan is your absolute property and your husband or in-laws are only custodians. Build a documented inventory, send a written demand, and pursue recovery through the domestic violence proceedings, a civil claim, and where retention is wrongful, a criminal complaint.

S Jain & Attorneys · Ask Me

Still not the question you had in mind?

Search the column, or send your question in. Questions of general interest are answered here, anonymously, so the next person does not have to ask.

Search the columnAsk a question