Understanding this legal path is vital for women in modern
India.
In modern India, live-in relationships are becoming
increasingly common. However, many women are unaware of their legal rights when
such relationships end, especially regarding financial support. Can a woman in
a live-in relationship claim maintenance like a legally married wife?
Yes — but if the following certain conditions are fulfilled.
Legal Rights of a
Woman in a Live-in Relationship
Indian law does not treat all live-in relationships equally.
For a woman to be entitled to financial maintenance, the relationship must
resemble a marriage in a real and sustained way.
This legal protection is offered under the Protection of
Women from Domestic Violence Act, 2005 (PWDVA).
What the Law Says (PWDVA, 2005)
The PWDVA, enacted to protect women from abuse in domestic
settings, includes live-in partners under the term "relationship in the
nature of marriage."
Under:
Section 2(f): A woman in a live-in relationship qualifies if
the relationship is like marriage.
The Courts did not give an exact time frame, but courts usually consider a few months to years of cohabitation — along with public conduct like husband and wife — as qualifying. To be clear it depends on the individual circumstances of the case, however if the couple has been living together as husband and wife, and there is social conduct similar to behavior that resembles husband and wife, then the lady has fair grounds for applying; however there are other legal conditions that should be met as well mentioned below.
Section 20: She can claim monetary relief (i.e.,
maintenance), including daily expenses and losses due to the relationship.
Conditions to Qualify for Maintenance
For a woman to successfully claim maintenance, courts look
at the following:
- Long-term cohabitation
- They must have lived together for a substantial time.
- Shared household
- They stayed under one roof and functioned socially as a
couple.
- Financial dependence
- The woman was financially dependent on the man.
- No existing marriage
- Neither partner should already be legally married to someone
else.
If these are met, the relationship is treated similar to
marriage — and the woman becomes eligible for maintenance and protection. On the other hand, if the woman is independent and/or has a job, then the Court will not accept her plea for financial maintenance normally.
Landmark Supreme Court Judgments
D. Velusamy v. D. Patchaiammal (2010)
Recognized that live-in partners could claim maintenance if
the relationship mimics marriage.
Casual relationships or purely sexual ones do not qualify.
Indra Sarma v. V.K.V. Sarma (2013)
Confirmed the right of a woman in a live-in relationship to
claim protection under the PWDV Act.
Reinforced the concept of “relationship in the nature of
marriage.”
How to File for Maintenance
If you are in a qualifying live-in relationship and need
maintenance:
- Go to the Magistrate Court
- File a petition under the Protection of Women from Domestic
Violence Act, 2005
- Request:
- Monetary relief
- Residence orders (right to shared home)
- Protection order (if there was abuse)
Limitations
Women in live-in relationships cannot file under Section 125
CrPC — which is only for legally married wives.
However, courts apply the PWDV Act generously if the woman
is in need and the relationship was genuine.
Summary of the matter of live in relationships and financial
maintenance:
Live-in relationships may not be traditional marriages, but
Indian courts have acknowledged the rights and dignity of women in such unions.
If the relationship resembles a marriage and ends unfairly, a woman can seek
financial maintenance, protection, and dignity through the Domestic Violence
Act. At the same time casual relationships that do not resemble a marriage are not eligible under these laws.
