When are you considered to be in a Live-in relationship?

If you and your partner are in a relationship that resembles marriage and you both live together under the same roof then you are in a live-in relationship.

Live-in relationships have now been recognised as legal by the Indian courts and various rights are granted to such couples like the married couples.

To claim such rights you should check for the following essentials:

• You and your partner must be open to the society about living together like a married couple.
• You both should have the legal age to marry i.e. the girl should have completed 18 years of age and the boy should have completed 21 years of age;
• Both of you have willingly accepted to live together for a significant period of time. This significant period is decided by the court. Merely spending a weekend together or one night stands do not amount to a live-in relationship.
• If you and your partner live together only for sexual reasons, then neither you nor can your partner claim any of the rights granted to live-in couples.

 

Rights of a female in Live in Relationship
If you are in a live-in relationship for considerably long time:

• You can enjoy the legal status of a wife.
• If your partner or his relatives are causing any kind of physical injury to you then you can file a complaint under the Domestic Violence Act.
• If your partner has left you, you can claim some amount of maintenance from him, if the court decides so.
• You can also file a complaint under section 498A of Indian Penal Code (IPC), if your partner or his relatives cause any kind of mental or physical injury to you for dowry.

 

Status of children of couples in live-in relationship
If you and your partner have a child while you are in a live-in relationship, that child can claim inheritance over the property of his parents but he cannot claim any right on the ancestral property of either of the parent.

Divorce in live-in relationship
As of now there are no set provisions in law with regard to divorce in case of couples who are in live in relationships. But relief has been provided to such couples in various ways in the form of rights that resemble the rights granted to a married couple.

Related Law Guides

• Divorce when spouse is missing
• When are you considered to be in a Live-in relationship?
• Divorce under Muslim Law
• Indian Christian Divorce Act
• Divorce when spouse is missing
• Divorce from an NRI