The Legal Evolution of Live-in Relationships and Maintenance Rights in India.

In the traditional Indian social fabric, marriage was long considered the only gateway to legal rights and social security. However, the modern era has seen a rise in "live-in" relationships—arrangements where couples cohabit without formalizing their union through religious or civil ceremonies. In the absence of a dedicated statute, the Indian judiciary has stepped in to weave a safety net, ensuring that these relationships are not "lawless" zones, particularly regarding maintenance and the rights of children.

Defining the "Marriage-Like" Relationship

The legal foundation for maintenance in live-in relationships rests on the concept of a "relationship in the nature of marriage." The Supreme Court, in Velusamy v. D. Patchaiammal (2010), clarified that for a woman to claim maintenance, the couple must have held themselves out to society as akin to spouses, been of legal age to marry, and cohabited voluntarily for a significant period.

Statutory Avenues for Maintenance

The Protection of Women from Domestic Violence Act (PWDVA), 2005, is the most potent tool available. It defines "domestic relationships" broadly enough to include live-in partners. Under this Act, a woman can claim "monetary relief" to maintain her standard of living.

Furthermore, judicial interpretation has expanded Section 125 of the CrPC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita). While the letter of the law mentions "wife," the Courts have consistently ruled that a man cannot exploit the lack of a marriage certificate to avoid his financial responsibilities toward a woman he lived with for years. This "presumption of marriage" is a tool for social justice intended to prevent women from falling into vagrancy.

The Rights of Children: Legitimacy and Support

One of the most significant strides in Indian law is the protection of children born from live-in relationships. The law is clear: children born of such unions are not "illegitimate."

Under Section 16 of the Hindu Marriage Act (interpreted through various judgments) and the principles of the Section 125 CrPC, these children have an absolute right to maintenance from their father. Furthermore, the Supreme Court has affirmed that these children have a right to the self-acquired property of their parents. By decoupling the rights of the child from the marital status of the parents, the law ensures that a child’s welfare is never compromised by the choices of the adults.

Recent Shifts: From Privacy to Regulation

The landscape is shifting from purely judicial guidelines to state-enforced regulation. The Uttarakhand Civil Code (2024) represents a major departure, making the registration of live-in relationships mandatory. Failure to register can lead to penalties, but it also formalizes the right of a woman to claim maintenance through a structured legal process if she is deserted.

Conclusion

Live-in relationships in India are no longer a legal "no-man's land." Through a blend of the Domestic Violence Act and proactive judicial rulings, the law now recognizes that cohabitation carries with it a set of ethical and financial obligations. Whether through the lens of preventing destitution or upholding the rights of children, the Indian legal system continues to prioritize the protection of the vulnerable over the strict formalities of traditional marriage.