Can A Woman In A Live-In Relationship Claim Maintenance?

In India, live-in relationships are no more as disapproved upon as they previously were. With changing societal values and more individuals choosing companionship without formal marriage, the question naturally arises, can a woman in such a relationship claim maintenance if the relationship ends? While Indian law doesn’t explicitly mention live-in arrangements, courts have evolved interpretations to protect women’s rights in such situations. This article breaks down the current legal position, important court rulings, eligibility conditions, and the challenges involved.

What Exactly Is a Live-in Relationship According to Indian Law?

At first, I assumed live-in meant living together casually. But when I started digging, I found the law doesn’t have a fixed definition, but courts do.

In D. Velusamy v. D. Patchaiammal, the Supreme Court explained:

A relationship in the nature of marriage means you live together like spouses, publicly, emotionally, and practically. If your relationship checks those boxes, you’re not invisible under Indian law.

The Law That Can Protect You: PWDVA, 2005

When I reached out to a lawyer, the Protection of Women from Domestic Violence Act (PWDVA) was the first thing they mentioned.

Section 2(f) of the PWDVA includes live-in relationships under the term “domestic relationship” if they resemble a marriage.

This meant I could:

• Seek monetary relief and maintenance
• Request a protection or residence order
• Get help through protection officers in many states

I learned that you don’t need a wedding to deserve protection, just a genuine, stable relationship.

Section 125 CrPC/ Section 144 BNSS: What About Maintenance of a Wife?

Here’s where things got tricky.

• Section 125 CrPC/Section 144 BNSS talks about “wives.” However, in the Chanmuniya v. Virendra Kumar Singh case, the Court said:
• For maintenance purposes, even a woman who has lived with someone for a long time may be treated as a wife. 
• Though not absolute, courts have started to stretch the meaning of “wife” to prevent women like me from being left with nothing.

What You Must Prove to Claim Maintenance from a Live-in Partner?

When I considered filing a claim, my lawyer listed four things I’d need:

Was Our Relationship Like a Marriage?

We split bills, introduced each other as spouses, and lived like a married couple. That helped.

Were We Both Unmarried?

If either partner is already married, it weakens your case.

Was It Casual or Committed?

A fling doesn’t count. You must show stability, duration, shared finances, responsibilities.

Do I Have Proof?

Old rent agreements, photos, shared bills, all helped establish our cohabitation. Without proof, courts might dismiss your claim. Document everything, even if things are good now.

Real Court Judgments That Changed Lives

These landmark judgments were not just legal wins, they validated women like me:

• Badri Prasad (1978): A 50-year live-in relationship was granted legal sanctity by the SC, showing that long-term cohabitation can carry strong presumptions of marriage.
• Indra Sarma (2013): Defined which live-in relationships qualify for legal protection.
• Tulsa v. Durghatiya (2008): Children from a valid domestic relationship (live-in) were granted inheritance rights.
• Khushboo v. Kanniammal (2010): Emphasized that living together is protected by Article 21 (Right to Life & Personal Liberty) and is not prohibited.  
• Bharata Matha v. R. Vijaya Renganathan (2010): According to Hindu succession laws, children conceived out of live-in relationships are legal and entitled to inheritance.

These cases showed me I wasn’t alone, and my relationship wasn’t worthless in the eyes of the law.

The Struggles No One Warned Me About

• Proving We Lived Together: People said, “You were never married, why should you get anything?” That hurt more than I expected.
• Facing Social Judgment: Even lawyers hesitated. But the law stood by me, even if society didn’t.
• No Clear Law for Live-ins Under CrPC/BNSS: Every court sees it differently. That’s why you must have a good lawyer who understands recent rulings.

What’s Changing: New Legal Trends You Should Know

• I was surprised to learn that some states are now supporting women like me more openly.
• In Asha Devi v. State of Haryana (2023), a live-in woman won maintenance rights under PWDVA.
• Delhi and Maharashtra now offer legal aid and counselling through protection officers.
• If you’re in these states, don’t hesitate to approach your district protection officer.

Can You Really Get Maintenance from a Live-in Partner?

• Yes, you can, if your relationship resembles a marriage.
• You can get support under PWDVA, 2005.
• You may not get it under Section 125 CrPC/Section 144 BNSS, unless courts interpret it in your favour.
• You must prove your relationship was long-term, exclusive, and genuine.

My Closing Advice (From One Woman to Another)

If you’re in a live-in relationship, don’t assume you’re powerless. Start documenting your life now, joint finances, photos, cohabitation. If things go wrong, you’ll need that evidence. And please, talk to a legal expert before it’s too late.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Do Indian courts consider a live-in relationship as a valid marriage?

Not exactly. Live-in relationships are not equivalent to legal marriages, but courts have recognized them as “relationships in the nature of marriage” in specific cases, especially for protection and maintenance purposes.

2. What proof is required to claim maintenance from a partner in a live-in relationship?

Proofs may include rent agreements, joint bank accounts, shared bills, photographs, social acknowledgment, and witness testimony showing a marriage-like relationship.

3. Does a woman have the right to maintenance even if her live-in spouse is married to someone else?

In these situations, claiming maintenance under CrPC/BNSS becomes challenging. However, protection under the Domestic Violence Act may still be available depending on the circumstances.