Can a woman in a live-in relationship or a second wife claim maintenance in India?

Question

I have been in a live-in relationship for several years and want to know if I can claim maintenance if my partner abandons me. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can a woman in a live-in relationship or a second wife claim maintenance in India? is governed in India primarily by Protection of Women from Domestic Violence Act 2005, Section 2, Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 and Protection of Women from Domestic Violence Act 2005, Section 20. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 2 of the Domestic Violence Act defines 'domestic relationship' to include a relationship in the nature of marriage, which courts have interpreted to cover long-term, marriage-like live-in relationships, entitling such women to seek relief including monetary relief under Section 20.

Courts have laid down indicative criteria for a relationship to qualify as 'in the nature of marriage', including a reasonably long period of cohabitation, shared household, pooling of finances, and public acknowledgment of the relationship.

A woman whose marriage is void because her partner was already married generally cannot claim maintenance as a 'wife' under Section 144 of the BNSS, since courts have held the term wife excludes a woman not legally married, though remedies under the Domestic Violence Act may still be available.

The Supreme Court has, in specific circumstances, extended a purposive interpretation to allow maintenance to a woman deceived into believing she was validly married, to prevent grave injustice, though the outcome depends heavily on the facts proved.

A live-in partner's children are generally protected and can claim maintenance from the father regardless of the validity of the parents' relationship, since the child's right to maintenance does not depend on the parents' marital status.

What to do next: 1) Gather evidence of cohabitation, shared finances and public acknowledgment of the relationship; 2) File an application under the Domestic Violence Act seeking monetary relief if the relationship qualifies as one in the nature of marriage; 3) Consult a lawyer on whether a Section 144 claim is separately maintainable on your specific facts; 4) Ensure any children of the relationship file for maintenance independently to secure their rights.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Protection of Women from Domestic Violence Act 2005, Section 2 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.