Presumption of Marriage in Live-in Relationships (India)

A live-in relationship is not a crime in India. But it also does not automatically give you the same rights as a registered marriage.

Here’s the thing: Indian courts can treat long, stable cohabitation as a valid marriage in certain disputes. This legal idea is called the presumption of marriage. It helps courts protect partners and children when the facts look like a real marital life, even if the couple never performed formal ceremonies.

In this guide, we break down the presumption of marriage, key cohabitation laws, and practical relationship rights you should know about.

Definition and concept

What counts as a live-in relationship?

A live-in relationship usually means:

• Two adults choose to live together
• They share a home and a life
• They do not register a marriage

People choose live-in ties for many reasons: time, personal choice, financial planning, family pressure, or a genuine belief that partnership should not depend on paperwork.

Why the law cares about cohabitation

Indian courts look at cohabitation because disputes often arise around:

• Financial support after separation
• Protection from abuse
• Children’s legitimacy and custody
• Property and succession

That is where cohabitation laws and relationship rights become relevant.

Presumption of marriage: when cohabitation looks like wedlock

What the presumption means

The presumption of marriage means: when a couple lives together for a long time, like husband and wife, a court may presume a valid marriage for limited legal purposes.

This presumption does not “create” a marriage certificate. The Supreme Court has backed this approach in long-cohabitation cases, including Badri Prasad v. Dy. Director of Consolidation (1978), where the Court discussed a strong presumption in favour of wedlock after decades of living together. It helps the court decide issues like the legitimacy of children, maintenance, and social status when evidence shows a stable domestic life.

The updated legal base (the new Evidence law)

From July 2024, India’s evidence framework moved to the Bharatiya Sakshya Adhiniyam, 2023 (see the official text: Bharatiya Sakshya Adhiniyam, 2023 on India Code). Courts still use the same idea of presumptions. The provision that supports “court may presume” now sits under Bharatiya Sakshya Adhiniyam, 2023 – Section 119 (you can read the section here: Section 119 on India Code).

What courts usually look for

Courts do not count days on a calendar. They read the relationship like a story and test whether it looks like a real shared life.

In practice, the presumption of marriage becomes stronger when you can show:

• A long, continuous period of living together
• One shared household (not two separate lives)
• Shared responsibilities (rent, groceries, health care, family duties)
• Public conduct that looks like a married couple
• Social recognition (friends, neighbors, family circles)
• Joint finances or joint decisions

How courts test the presumption of marriage

If a dispute reaches court, judges often ask simple, practical questions:

• Did you live together like spouses or like roommates?
• Did you introduce each other as partners in public?
• Did you plan money, family, or children together?
• Did the relationship run for a meaningful period?

When your answers match a marriage-like life, the presumption of marriage becomes easier to argue under modern cohabitation laws.

When the presumption becomes weak

The presumption of marriage becomes difficult when:

• Either partner already has a living spouse (no legal capacity to marry; see our explainer on what bigamy is in India)
• The relationship stays secret and transactional
• Evidence shows coercion, exploitation, or repeated deception
• The couple never presented themselves as partners in public life

So yes, cohabitation laws matter, but facts matter more. And your documents often decide the outcome.

Legal status and relationship rights

Is a live-in relationship legal in India?

Yes. Adults can live together by choice. Courts have repeatedly treated adult cohabitation as part of personal liberty.

What a live-in relationship is NOT

A live-in relationship is not the same as:

• A legally registered marriage
• An automatic right to inherit as a spouse
• A guaranteed right to marital property

This is why people often confuse relationship rights with “marriage rights.” They overlap sometimes, but they are not identical.

Relationship rights you can realistically expect

Depending on facts, cohabitation laws and court rulings can support:

• Protection from domestic violence
• Monetary relief and support in certain cases
• Recognition of children’s rights
• Limited property-related claims based on contribution and ownership

Protection and maintenance

This section matters the most when a relationship ends badly.

Protection under the Domestic Violence Act (PWDVA)

The Protection of Women from Domestic Violence Act, 2005, protects women in a “domestic relationship,” which can include a relationship “like marriage.” (Official text: Protection of Women from Domestic Violence Act, 2005.) (If you want the basics in plain language, see our guide on domestic violence in India and legal remedies.)

If facts match, the woman can seek court orders such as:

• Protection orders (stop violence, threats, harassment)
• Residence orders (right to stay in the shared household)
• Monetary relief (expenses and financial support)
• Custody orders (temporary custody of children)
• Compensation for mental and emotional harm

These remedies strengthen relationship rights even when the couple did not register a marriage.

Maintenance: the updated section you should know

Maintenance law changed titles and numbers after July 2024. If you want a simple foundation of how courts think about support amounts and factors, read our guide on maintenance and alimony in divorce (many practical principles overlap, even when the relationship is not a formal marriage).

Maintenance law changed titles and numbers after July 2024. The earlier CrPC provision (Section 125) now appears under BNSS, 2023 – Section 144 (official section text: BNSS Section 144 on India Code).

Courts usually examine:

• Duration and stability of the cohabitation
• Financial dependence (who paid for what, and why)
• Conduct of partners (abandonment, cruelty, threats)
• Whether the relationship looked like a marriage in daily life

This is where the presumption of marriage often becomes a turning point. When a court sees a marriage-like household, it becomes harder for the stronger partner to deny responsibility.

What maintenance courts commonly ask

To keep things real, expect questions like:

• When did you start living together?
• Did you share a kitchen and bedroom?
• Did you introduce each other as husband and wife?
• Do you have proof of shared expenses or a shared address?

Clear answers and clear evidence strengthen your relationship rights under cohabitation laws.

Practical tip: act early

If you face abandonment, financial control, or threats, don’t wait for the situation to spiral.

• Save messages and call logs
• Secure access to basic documents
• Speak to a lawyer before you move out

These steps help you enforce relationship rights under cohabitation laws.

Rights of children

This area is clearer than most people think.

Legitimacy and dignity

Courts try hard to ensure children do not suffer for an adult’s choices. When the court accepts a stable domestic partnership, it often treats children as legitimate.

Even in complicated cases, courts rely on protective principles found in family laws (and the broader approach in Hindu personal law) to safeguard the child’s status.

Maintenance and upbringing

Children can claim support from parents. Courts focus on the child’s welfare.

Custody and visitation

Courts decide custody based on:

If custody is your main concern, our guide on child custody in India explains common custody types, visitation, and what courts usually consider.

• The child’s best interest
• Stability and safety
• Schooling, routine, and emotional well-being

This approach sits at the center of relationship rights when children are involved.

Property and succession

This is where most live-in couples get surprised.

Ownership comes first

Property rights follow documents.

• If the property sits in one partner’s name, ownership starts there.
• If you paid for it too, you must prove your contribution.

You may use:

• Bank transfers and UPI records
• Loan EMIs paid by you
• Messages acknowledging shared purchase
• Witness statements

Can a live-in partner inherit like a spouse?

Not automatically.

Succession rules differ by religion and by the type of property. In most situations, a partner does not become a legal heir just because they lived together. A partner may claim stronger rights if:

• The presumption of marriage applies in that case, or
• There is a valid will, nomination, gift deed, or settlement deed

If you want real clarity, plan ahead. A will often avoid years of litigation. If you and your partner hold assets together, also see transfer of joint property on death to understand how ownership can shift when one partner passes away.

A simple safety checklist for couples

If you want fewer disputes later, consider:

• A rent agreement in both names
• Joint address proof (where possible)
• Clear bank trail for shared expenses
• A written record for major purchases
• A will for individually owned assets

These are not romantic steps, but they protect relationship rights under cohabitation laws and reduce future fights about the presumption of marriage.

Key judicial guidelines (what courts repeatedly apply)

Courts typically look for “a relationship like marriage,” not casual cohabitation. The Supreme Court explains how courts should assess this in cases like Indra Sarma v. V.K.V. Sarma (2013). While every case turns on its facts, courts often examine:

• Capacity to marry: Both partners must be legally free to marry
• Age and consent: Adults, voluntary cohabitation
• Duration: A meaningful period, not a short stay
• Shared household: A real domestic set-up
• Social holding-out: Did they present themselves as spouses?
• Financial interdependence: Shared expenses, shared planning

What this really means is simple: the stronger your shared life looks on paper and in public conduct, the stronger the presumption of marriage can become.

Social challenges (and how to handle them smartly)

Even when law supports cohabitation, society often does not.

Common issues include:

• Landlords refusing to rent
• Families threatening police complaints
• Workplace pressure or harassment
• Social stigma that isolates one partner

What helps in real life

• Choose housing with proper paperwork
• Keep identity proofs and address proofs updated
• Avoid unsafe, secret arrangements that leave you without evidence
• Speak to a lawyer if threats escalate

These steps support your relationship rights if a dispute reaches court.

Quick table: what the law can (and cannot) do

Issue	What cohabitation laws may support	What they usually don’t give automatically
Safety and abuse	Protection orders, residence orders, monetary relief (PWDVA)	Instant “marriage status” in every case
Maintenance	Support claims where facts show a marriage-like relationship (BNSS 144 + PWDVA reliefs)	Guaranteed maintenance in every live-in tie
Children	Welfare-first custody and support; legitimacy often protected	Automatic share in ancestral coparcenary property in all scenarios
Property	Claims based on ownership documents and proven contribution	Equal division like matrimonial property (India has no uniform rule)
Succession	Stronger claim if presumption of marriage applies or there is a will	Spousal inheritance rights without proof/planning

Myths vs facts (quick clarity)

• Myth: Living together for a few months creates a marriage.
  • Fact: Courts look for stability, social holding-out, and a real shared household. The presumption of marriage stays fact-driven.
• Myth: No marriage means no protection.
  • Fact: Cohabitation laws like the Domestic Violence Act can still protect eligible partners and enforce core relationship rights.
• Myth: Joint photos prove everything.
  • Fact: Photos help, but address proofs, bank trail, and witnesses usually carry more weight.

FAQs people ask the most

Conclusion: Protect yourself before a dispute begins

Live-in relationships can be loving and stable. But when things go wrong, confusion around presumption of marriage, cohabitation laws, and relationship rights creates real harm.

If you are facing abandonment, threats, financial control, or child custody stress, don’t try to guess the law from social media posts. Get clarity that fits your facts.

Need legal help?

Prashastha Legal can help you:

• Understand whether the presumption of marriage applies to your situation
• Plan evidence for your relationship rights
• Seek protection and monetary relief under cohabitation laws
• Handle child custody and maintenance with a practical strategy

Talk to our team for a confidential consultation and a clear action plan.