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The short answer
There is no single statute on live-in relationships in India, and the live-in relationship law has been built by the courts. Two adults living together by choice commit no offence. A woman in a relationship in the nature of marriage can claim protection, residence and monetary relief under the Protection of Women from Domestic Violence Act, 2005. A child born of a live-in relationship can claim maintenance from the father under Section 144 BNSS (old Section 125 CrPC), and courts have recognised such children's rights in their parents' property.
Is a live-in relationship legal in India?
Live-in relationship law in India is mostly judge-made. No central Act defines or registers a live-in relationship, and Odisha has no law requiring registration. (Uttarakhand's Uniform Civil Code, 2024 introduced registration of live-in relationships, but it applies only in that State.) The Supreme Court has said in several cases that two adults who choose to live together without marrying commit no offence, and that the choice is part of personal liberty under Article 21 of the Constitution. In S. Khushboo v. Kanniammal (2010) the Court held that living together is not a crime, and in Lata Singh v. State of U.P. (2006) and later cases it directed police to protect adults who face threats for choosing a partner.
That said, a live-in relationship is not a marriage. The partners do not get the automatic rights of a spouse under the Hindu Marriage Act or the Special Marriage Act, such as divorce, or inheritance from each other as a spouse. Rights arise only through the specific routes below. If the couple want the full legal status of marriage, see court marriage in Odisha and marriage registration.
When the law treats a live-in like a marriage
Many protections depend on whether the relationship was a "relationship in the nature of marriage". In D. Velusamy v. D. Patchaiammal (2010) the Supreme Court said that, at a minimum, the couple must:
- hold themselves out to society as being akin to spouses;
- be of legal age to marry;
- be otherwise qualified to marry, which includes being unmarried; and
- have voluntarily lived together for a significant period.
A casual relationship, or one where the man simply pays for a companion, does not qualify. In Indra Sarma v. V.K.V. Sarma (2013) the Court added further indicators, such as the length of the relationship, a shared household, pooling of finances, domestic arrangements, sexual relationship, children and how the couple were seen socially. It also held that a woman who knowingly lived with a man already married to someone else was not in a relationship in the nature of marriage for these purposes, though it suggested Parliament consider protection for such women.
Separately, where a man and woman have lived together as husband and wife for a long time, courts may presume they are married unless the contrary is proved (for example, Badri Prasad, 1978, and Tulsa v. Durghatiya, 2008). The presumption can be rebutted, for instance by proof that one of them was already married.
Domestic Violence Act protection for live-in partners
Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 defines a "domestic relationship" to include a relationship "in the nature of marriage". A woman in such a relationship can apply to the Magistrate for:
- a protection order against violence, threats or harassment;
- a residence order protecting her right to stay in the shared household;
- monetary relief for expenses and losses, and maintenance;
- temporary custody of children, and compensation.
In Odisha, the application can be made through the Protection Officer of the district, a service provider, or directly to the Judicial Magistrate. See Domestic Violence Act in Odisha for the step-by-step procedure and the Protection Officers.
Maintenance in a live-in relationship
- Under the Domestic Violence Act: a woman in a relationship in the nature of marriage can claim maintenance as monetary relief, as above. This is the most direct route.
- Under Section 144 BNSS (old Section 125 CrPC): this provision speaks of a "wife". Courts have allowed claims by women who lived with a man as his wife for a long period, relying on the presumption of marriage, and in Chanmuniya v. Virendra Kumar Singh Kushwaha (2010) the Supreme Court favoured a broad reading of "wife" and referred the question to a larger bench. Whether a particular partner can use Section 144 depends on the facts. See maintenance claims in Odisha.
A live-in partner has no claim to maintenance as a spouse under the Hindu Adoptions and Maintenance Act, and no right to alimony on separation the way a divorcing spouse does.
Child born in a live-in relationship: rights
- Maintenance. Section 144 BNSS covers a minor child "whether legitimate or illegitimate", so the child can claim maintenance from the father regardless of the parents' status. The Family Court decides such claims in Bhubaneswar, Cuttack and other districts that have one.
- Legitimacy and property. Where the parents lived together long enough to raise a presumption of marriage, the child is treated as legitimate. Courts have held that children of long live-in relationships can inherit their parents' property (Bharatha Matha v. R. Vijaya Renganathan, 2010). For Hindus, Section 16 of the Hindu Marriage Act treats children of void and voidable marriages as legitimate, and in 2023 a three-judge bench (Revanasiddappa v. Mallikarjun) held that such children are entitled to their parent's share in joint family property, worked out on a notional partition, though not to independent coparcenary rights in others' shares.
- Custody and guardianship are decided on the welfare of the child. See child custody in Odisha.
Property and the shared home
A live-in partner does not inherit from the other partner as a spouse when there is no will. A partner who wants the other to receive property should make a will, or hold property jointly by a registered deed. Property bought by one partner in the other's name can lead to disputes about who paid; keep records of the source of money. The Domestic Violence Act residence order protects the right to stay in the shared household; it does not transfer ownership.
False promise of marriage and other criminal law
A live-in relationship by consent between adults is not an offence. However, Section 69 of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to have sexual intercourse with a woman by deceitful means or on a promise to marry made with no intention of keeping it, punishable with imprisonment up to ten years. Courts distinguish a promise that was false from the start from a genuine relationship that later broke down. Cruelty and dowry offences in the BNS apply to husbands and their relatives, so they ordinarily depend on there being a marriage; see dowry harassment.
Police protection for couples in Odisha
Adult couples who face threats from families can ask the local police station or the Superintendent of Police for protection, and if that does not work, approach the High Court by writ petition. The Supreme Court in Shakti Vahini v. Union of India (2018) issued directions to prevent honour crimes and protect couples. For an emergency, call 112. See writ petitions in the Orissa High Court.
Free legal aid is available to women and children regardless of income through the District Legal Services Authorities; see free legal aid in Odisha. Related work handled is described under family and succession.
Frequently asked questions
Is live-in relationship legal in India?
Yes. The Supreme Court has held that two consenting adults living together without marriage commit no offence. There is no registration requirement in Odisha.
Can a live-in partner claim maintenance?
A woman in a relationship in the nature of marriage can claim monetary relief and maintenance under the Domestic Violence Act. Claims under Section 144 BNSS depend on whether the court treats her as a wife on the facts.
Does a child born in a live-in relationship have rights in the father's property?
Courts have recognised that children of long live-in relationships can inherit their parents' property. The child can also claim maintenance from the father under Section 144 BNSS whether legitimate or not.
What makes a live-in relationship a relationship in the nature of marriage?
The couple must present themselves as akin to spouses, be of legal age, be qualified to marry (including being unmarried) and have lived together voluntarily for a significant period, as the Supreme Court said in D. Velusamy (2010).
Can a woman in a live-in relationship with a married man get protection?
Under Indra Sarma (2013), a woman who knowingly lived with a married man was not in a relationship in the nature of marriage for Domestic Violence Act relief. Other remedies, such as a police complaint for violence, remain open.
Is breaking up a live-in relationship a crime?
No. Ending a relationship is not an offence. Section 69 BNS applies only where sexual intercourse was obtained by deceit or a promise of marriage made with no intention of keeping it.
Official sources
- Protection of Women from Domestic Violence Act, 2005 and Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Supreme Court of India: judgments search
- Odisha State Legal Services Authority
- Orissa High Court, Cuttack
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.