The answer to a very important and common question, Can a Woman in a Live-in Relationship Ask for Financial Maintenance?
This guide is part of PEACE Legal Information India’s Women’s Rights Cluster – helping every woman understand her legal power in 2025 and beyond.
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 only if certain conditions are fulfilled.
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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.
What the Law Says (PWDVA, 2005)
The PWDVA was enacted to protect women from abuse in domestic settings, including live-in partners under the term “relationship in the nature of marriage.”
- Section 2(f): Defines a live-in relationship as valid if it mimics marriage.
- Section 20: Allows for monetary relief including daily expenses and losses due to the relationship.
Cohabitation for a few months to years, and public conduct like husband and wife, help establish a valid claim — though each case depends on its facts.
Conditions to Qualify for Maintenance
To qualify, courts generally require:
- Long-term cohabitation
- Shared household and social conduct as a couple
- Financial dependence on the male partner
- Neither partner being married to someone else
Women with stable incomes are less likely to be granted financial support. The law favors genuine dependency within a marital-like setting.
Landmark Supreme Court Judgments
D. Velusamy v. D. Patchaiammal (2010)
This judgment recognized the right of live-in partners to claim maintenance if the relationship mimics a traditional marriage.
Indra Sarma v. V.K.V. Sarma (2013)
This ruling confirmed the application of the PWDV Act to live-in relationships and clarified that casual or secret relationships do not qualify.
Read more about landmark divorce and maintenance cases in India
How to File for Maintenance
- Go to your local Magistrate Court
- File a petition under the PWDV Act, 2005
- Request for:
- Monetary relief
- Residence orders
- Protection orders (in case of abuse)
For more on the process, visit: How to File for Maintenance in India
Limitations to Keep in Mind
Women in live-in relationships cannot file under Section 125 CrPC — this provision is strictly for legally married wives.
However, the PWDV Act gives wide-ranging support, provided the relationship was genuine and marital in nature.
Summary
Live-in relationships may not be formal marriages, but Indian courts have recognized the rights of women in such unions.
If the relationship was stable, long-term, and similar to a marriage, a woman can seek financial maintenance and protection under the law. Casual or hidden relationships do not qualify.
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