In India, many couples today choose to live together without going through a formal marriage ceremony. But what happens if such a relationship ends? Can either partner claim legal rights, like maintenance or custody of children?
Yet, Indian law has not recognized “common law marriage” as applicable in some Western nations; however, they have extended legal protection to live-in relationships, particularly those resembling marriages in timespan.
This will be discussing all the legal consequences of such relationships in case of a breakup, through key judgments and your rights.
What is a Common Law Marriage and Does India Recognize It?
In the United States, individuals living together for a long time and presenting themselves as spouses may consider themselves “married” under common law. No statutory recognition for a common law marriage exists in India.
However, the courts have moved towards recognizing live-in relationships as deserving specific protections under law, particularly when they take the form of a marriage. You know, courts are leaning especially more when the relationship is long and stable because it always involves some vulnerable partners.
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When Does a Live-in Relationship Count as ‘Like a Marriage’?
They often ask me: When for how long does living together equate to a marriage in the eyes of the law? There is no specific duration. Various factors are considered instead.
In the landmark case of Indra Sarma v. VKV Sarma (2013), the apex Court laid down a test to determine whether a live-in relationship is one “in the nature of marriage”.
From legal experience, these are the key components that courts are looking at:
- Long term cohabitation
- Shared household and finances
- Emotional and physical intimacy
- Social recognition of the couple as partners
- Intention and conduct consistent with a marriage-like bond.
If your relationship reflects most of these aspects, it may just qualify for some legal protections.
I’m Not Married, But Is There Any Way I Could Claim Maintenance After Separation?
Yes, I have personally dealt with these cases. In Chanmuniya v. Virendra Kumar Singh Kushwaha (2011), the Supreme Court held that a woman in a long-term live-in relationship could claim maintenance under Section 125 of the Criminal Procedure Code even without a formal marriage.
One of my clients, Priya (name changed), lived with her partner for eight years. When he left abruptly, she was financially dependent and vulnerable. We filed for maintenance, and the court acknowledged her claim, recognizing the relationship as marriage-like.
What the court looks for is:
- Stability and longevity of the relationship
- Public acknowledgment as a couple
- Financial support or cohabitation reflecting spousal behaviour
The effort is to forbid destitution and to keep social justice alive.
Can I File a Domestic Violence Case if I Was in a Live-in Relationship?
Yes. This is covered under the Protection of Women from Domestic Violence Act, 2005, for women in relationships “in the nature of marriage.”
In a case I handled, the woman had been emotionally abused for years in a live-in relationship. We approached the court under the Domestic Violence Act, and she was granted protection orders, financial relief, and the right to remain in the shared household.
To be eligible under the Act, your relationship should reflect:
- Long-term domestic arrangement
- Mutual financial and emotional dependency
- Shared household
- Public acknowledgment as a couple
Casual or one-night relationships are not protected under this law.
What About Property Rights? Can I Claim Anything?
This is where things get complex. Unlike legally married spouses, live-in partners do not automatically have inheritance or property rights. However, if you’ve financially contributed to a shared asset, you might have a claim under civil law.
In one case I worked on, the woman helped pay EMIs for a house registered in her partner’s name. We successfully argued for her share using the principles of constructive trust and unjust enrichment.
You may claim a share in property if:
- You contributed money toward buying or maintaining it
- The property was developed or owned jointly by both parties
Are Children from Live-in Relationships Protected?
Yes, and Indian courts have been very clear on this. Children born out of live-in relationships are regarded as legal and are entitled to all legal privileges, including inheritance.
In Revanasiddappa v Mallikarjun (2011), the apex court ruled that such children have equal rights in regards to their parents’ property whether ancestral or self-acquired.
In my experience, the courts also display similar custody principles for such children as those applicable in divorce cases, hence focusing on the best interest of the child.
Can Living Together Be Treated as a Legal Marriage?
In some cases, yes. If the couple has been living together for a long time, the court may presume marriage in terms of Section 114 of the Indian Evidence Act, 1872/ Section 119 of the Bharatiya Sakshya Adhiniyam, 2023.
For example, in Badri Prasad v. Dy. Director of Consolidation (1978), the court accepted the presumption of marriage when a couple had lived together for over 50 years.
In one of my matters, we used this precedent to establish a woman’s right to maintenance, despite the absence of a marriage certificate.
But There Are Still Limitations You Must Know
Even though courts offer some protections, there are major gaps in legal coverage:
- There is no official divorce procedure for cohabitating couples.
- Live-in couples cannot claim their spousal insurance, pension, or any succession rights
- The relationship is not automatically recognized by the law
- Outcomes can vary from case to case depending on judicial interpretation
I advise all my clients that they should first understand both their rights as well as the limitations of their actions in the given case.
How Indian Courts Are Walking a Legal Tightrope?
Indian Courts are trying to protect the less privileged partner-women or children-from deriding the sanctity of marriage. This balancing means that the law must remain flexible; hence a shade unpredictable.
I have watched this legal landscape evolve over decades. While change has occurred, there is still no set framework across which many live-in partners would have otherwise found certainty.
Conclusion
Live-in relationships are becoming more common, and while India doesn’t recognize common law marriage officially, courts have stepped in to offer protection.
You may be entitled to:
- Maintenance under Section 125 CrPC/Section 144 of BNSS
- Civil remedies under the Domestic Violence Act
- Legitimacy and inheritance rights for your children
However, you will not receive:
- Spousal pension or insurance
- Automatic property or succession rights
- Formal divorce remedies
If you’re in or exiting a live-in relationship, legal advice can make a big difference. Understanding your rights early can help you avoid emotional and financial hardship later.
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FAQs
1. Can I get alimony from a live-in partner after separation?
Technically, the term alimony applies to divorce cases. However, if your live-in relationship was stable and long-term, courts may grant you maintenance under Section 125 CrPC/Section 144 of BNSS or under the Domestic Violence Act, depending on your circumstances.
2. Is a live-in relationship considered adultery if one partner is married?
Yes. Under such scenarios, it can, according to local marriage laws, amount to adultery or cruelty and affect the divorce action or maintenance rights of the live-in partner.
3. Can I force my live-in partner to leave the house?
If your partner is legally occupying the house or is protected under the Domestic Violence Act (shared household provision), you cannot evict them without a court order. You must seek legal intervention for eviction or residence order modification.
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