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What are the rights of a woman in a live-in relationship after separation?

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(@Abhishek Singh)
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Sir, does a woman have any legal rights after ending a live-in relationship in India?

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Legallyne
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(@legallyne)
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In India, live-in relationships are not explicitly defined under personal laws but have gained legal recognition through judicial interpretation. The Supreme Court and various High Courts have held that live-in relationships, when stable and long-term, resemble marriage and are entitled to certain protections.

One of the key statutes recognizing rights in such relationships is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Section 2(f) of the Act defines a “domestic relationship” to include not only marriage but also a relationship "in the nature of marriage." This phrase has been interpreted to extend protection to women in live-in relationships.

Legal Rights after Separation:

  1. Right to Maintenance:

A woman in a live-in relationship may claim maintenance under Section 20 of the PWDVA. Courts assess whether the relationship had sufficient characteristics of a marriage—such as duration, shared finances, social acceptance, and cohabitation. If established, the woman can be awarded maintenance similar to a legally wedded wife.

  1. Right to Residence:

Under Section 17 of the PWDVA, a woman has the right to reside in the “shared household” even if she does not have title or ownership. Upon separation, she can seek alternative accommodation or monetary compensation.

  1. Protection Against Abuse:

The PWDVA provides remedies against physical, emotional, economic, and sexual abuse, even in live-in relationships. Courts can issue protection, residence, and maintenance orders.

  1. Child Custody and Maintenance:

If a child is born out of the relationship, the woman has full custodial rights unless.

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