Women’s Rights During Live-in Relationships in India is an evolving and crucial legal topic that balances modern relationship dynamics with legal protection. A growing number of couples in urban India choose live-in arrangements, yet many women remain unaware of the legal safeguards available. This comprehensive article provides in-depth guidance on rights related to maintenance, domestic violence, inheritance, and custody. It references key laws such as the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Protection of Women from Domestic Violence Act (PWDVA), and pertinent Hindu and Succession laws, while highlighting the role of advocates in Chandigarh, high court lawyers, and family lawyers.

Understanding Live‑in Relationships Under Indian Law

Legal Definition and Judicial Recognition

The Supreme Court has recognized live‑in relationships as akin to marital relationships under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), provided they meet the “qualitative criteria” of a “relationship in the nature of marriage.”
 Key criteria include: public reputation as spouses, shared finances, cohabitation duration, and societal perception (e.g., Velusamy v. D. Patchaiammal).

Important Supreme Court Judgments

  • Vishakha v. State of Rajasthan (1997) – Defined workplace protections, indirectly supporting live-in rights. 
  • D. Velusamy v. D. Patchaiammal (2010) – Affirmed PWDVA’s applicability. 
  • Indra Sarma v. V.K.V. Sarma (2013) – Restricted live-in applicability to long-term, stable relationships. 

Rights of Women in Financial Support & Maintenance

Maintenance Under PWDVA

  • Section 20 of PWDVA empowers women to seek financial support, including rent, utilities, medical expenses, and educational costs. 
  • Protection officers and magistrates are the authorities for enforcement. 

Maintenance Under BNS & BNSS

Under BNS (Section 378), women in cohabitation resembling marriage may claim maintenance if deserted and economically dependent.
 BNSS Section 248 provides procedural avenues to lodge applications or FIRs in cases of non-payment or misuse.

Maintenance Under Personal Laws

  • Hindu women may invoke Section 24 of the Hindu Marriage Act. 
  • Muslim women may use Section 144 BNSS. 
  • Civil maintenance rights also exist under PWDVA Section 20. 

Protection from Domestic Violence & Abuse

PWDVA – Core Provisions

  • Women in live-in relationships qualify as “aggrieved persons.” 
  • Protections include protection orders, residence rights, right to be heard, and free legal aid (Section 12). 
  • Financial relief (Section 20) and custody orders may be issued. 

Relevant BNS Offences

  • Section 67 BNS – Physical cruelty. 
  • Section 228 BNS – Harassment and stalking. 
  • Section 357 BNS – Psychological distress. 

Role of PWDVA Authorities

Protection Officers assist in lodging complaints, seeking orders, and ensuring implementation. Advocates in Chandigarh often guide women through this process.

Inheritance, Property & Successor Rights

Property Rights Under Hindu Succession Act

Although live-in partners aren’t legal heirs, women can claim joint acquirable property and secured share if they contributed financially.

Partition Applications

Women may invoke Section 19 of the Hindu Succession Act to claim partition or inheritance rights.

Custody & Adoption Rights

Custody After Separation

Women can seek custody of children born in live-in relationships. Courts prioritize child’s welfare, as per the Guardians and Wards Act, 1890.

Domestic Violence Act & Custody

PWDVA Section 20 allows magistrates to award temporary custody to women if the male partner commits domestic violence.

Adoption Rights

Women in live-in relationships can adopt under the Juvenile Justice (Care and Protection) Act, contingent on eligibility criteria and child welfare.

Legal Remedies for Deception & Bigamy

Protection from Deceptive Cohabitation

If a partner is already married, women can file under Section 494 BNS for bigamy or Section 419 BNS for cheating.

Civil Remedies Under Family Law

Women may file civil suits for breach of promise to marry under tort principles, seeking damages.

Judicial Support & Emerging Trends

Recent Landmark Rulings

  • Supreme Court’s reaffirmation in Shafin Jahan v. Asokan supporting individual autonomy. 
  • Various High Court orders upholding PWDVA rights for live-in women. 
  • Post-1 July 2024, live-in rights are being incorporated into BNS & BNSS jurisprudence. 

Steps for Women to Assert Their Legal Rights

Step 1 – Assess Eligibility

Check whether the relationship meets PWDVA requirements (duration, public recognition, shared finances).

Step 2 – Gather Evidence

Collect documents: shared address, photos, emails, joint bank accounts, witness statements.

Step 3 – Engage Legal Counsel

Consult advocates or family lawyers in Chandigarh experienced in live-in cases.

Step 4 – File Appropriate Applications

  • PWDVA petition at Family Court or Metropolitan Magistrate. 
  • Maintenance under BNS/BNSS for financial support. 
  • Criminal complaint for domestic abuse. 
  • Property/partition suit if applicable. 

Step 5 – Seek Temporary Relief

Include orders for protection, interim maintenance, residence rights, and custody.

Step 6 – Litigate & Enforce Orders

Appear before court with legal counsel. Enforce orders via protection officers and magistrates.

The legal framework encompassing the rights of women in live-in relationships in India is robust and multifaceted. From financial maintenance and domestic violence protection under PWDVA to legal remedies under BNS and BNSS, women have strong avenues for justice. Judicial recognition through Supreme Court and High Court rulings further affirms these rights.

If you’re in a live-in relationship in Chandigarh or elsewhere, your rights are safeguarded. With the help of knowledgeable advocates, high court lawyers, and family legal experts, these protections can become enforceable and effective.

 

FAQs on Women’s Rights During Live‑in Relationships in India

1. Can a woman in a live-in relationship claim maintenance in India?

Yes. A woman has the legal right to claim maintenance in a live-in relationship under:

  • Section 20 of the Protection of Women from Domestic Violence Act (PWDVA) 
  • Section 378 of the Bharatiya Nyaya Sanhita (BNS) 
  • BNSS Section 248 for enforcement. 

This includes monthly financial support, rent, medical expenses, and basic living costs. To ensure proper filing and evidence presentation, consult a family lawyer in Chandigarh experienced in live-in maintenance rights.

2. Is domestic violence protection available in live-in relationships?

Absolutely. Indian law protects women from domestic violence in live-in relationships through the PWDVA, provided the relationship qualifies as “in the nature of marriage.”

Victims are eligible for:

  • Protection orders 
  • Residence rights 
  • Custody of children 
  • Free legal aid 

For urgent support and to file a complaint, contact a domestic violence lawyer in Chandigarh or a PWDVA specialist.

3. Does a woman in a live-in relationship have any property rights?

While women in live-in relationships are not considered legal heirs, they may still claim:

  • Rights to jointly acquired property 
  • Partition rights under the Hindu Succession Act, if applicable 

Legal strategy and documentation are critical. Work with a property dispute lawyer in Chandigarh to file a partition suit or civil claim for your share.

4. Who gets custody if a live-in relationship ends?

Upon separation, women can file for child custody after a live-in relationship ends under:

  • The Guardians and Wards Act, 1890 
  • PWDVA Section 20 (for interim custody orders in domestic violence cases) 

Courts prioritize the best interest of the child. A child custody lawyer in Chandigarh can help with urgent petitions and long-term custody solutions.

5. Can a woman file criminal charges for deception or bigamy in a live-in relationship?

Yes. If a man in a live-in relationship:

  • Hid his marital status or 
  • Promised marriage fraudulently, 

the woman can file criminal charges under:

  • Section 494 BNS (Bigamy) 
  • Section 419 BNS (Cheating or identity fraud)

An experienced criminal lawyer in Chandigarh for women’s rights can help draft and file a criminal complaint and protect the woman’s interests.