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Ms. Rajashree

Right to Maintenance in Live-In Relationship

Status of Children of Couples in Live-In

What is Live-In
Live-In Relationship defined- It is living
arrangement. It is an arrangement of living
under which the couples which are unmarried
live together to conduct a long-going
relationship similar as in marriage.
No specific law recognizes a live in
relationships in India.
A livein relationship is not recognized by Hindu Marriage

Act, 1955 or any other statute.

In the absence of any law to define the status of live in

relationships the Courts have taken the view that where a

man and a woman live together as husband and wife for a
long term, the law will presume that they were legally
married unless proved contrary.

The Protection of Women from Domestic Violence Act 2005

provides forthe protection, maintenanceandright of

alimony to a live-in partner, if she complains.
Right to Maintenance in Live-In
The Protection of Women from Domestic Violence Act.

2005 is a Legislation enacted for the purpose of

protection of women from domestic violence and
includes Live-in relationships in the ambit of domestic
relationship as defined in Section 2(f) which reads as
"domestic relationship" means a relationship between
two persons who live or have, at any point of time, live
together in a shared household, when they are related
by consanguinity, marriage, or through a relationship
in the nature of marriage, adoption or are family
members living together as a joint family;
The National Commission for Women recommended to

the Ministry of Women and Child that the definition of

'wife' as described in section 125 of Cr.P.C. must include
women involved in a live-in relationship.
The aim of the recommendation was to harmonise the

provisions of law dealing with protection of women from

domestic violence and also to put a live-in couple's
relationship at par with that of a legally married couple.
In Tulsa & Ors. vs. Durghatiya & Ors.. AIR

2008 SC 1193, the Supreme Court

observed that a man and woman who are
involved in live in relationship for a long
period, they will be treated as a married
couple and their child would be called
Status of Children of Couples in
Live-In Relationship
Since there is no specific law that recognizes the status of

the couples in live in relationship, hence the law as to the

status of children born to couples in live in relationship is

also not very clear.

The Supreme Court in the case of Bharata Matha & Anr.

vs. R. Vijaya Ranganathan & Ors. that a child born out of

a live-in relationship is not entitled to claim inheritance in

Hindu ancestral coparceners property and can only claim

a share in the parents self-acquired property.


Arjun Padhiyar
Roll No. 1(BBA LLB)
Semester: V