India

I'm a live-in partner. Do I have domestic violence protection?

2005
DV Act enacted
Section 2(f)
Defines relationship
Up to ₹1 lakh
Monetary relief cap
60 days
Order disposal deadline
The Short Answer

Yes, live-in partners in India are protected under the Protection of Women from Domestic Violence Act, 2005, which explicitly includes 'relationships in the nature of marriage'.

What the Law Says

The Protection of Women from Domestic Violence Act, 2005 (DV Act) extends legal protection to women in live-in relationships that qualify as 'relationships in the nature of marriage'. This includes rights to protection orders, residence, monetary relief, and custody.

The DV Act is a civil law designed to protect women from abuse by male partners — whether married, separated, divorced, or in a live-in relationship. It covers physical, sexual, verbal, emotional, and economic abuse.

Crucially, Section 2(f) defines 'domestic relationship' to include 'a relationship between two persons who live or have, at any point of time, lived 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 Supreme Court clarified in *Indra Sarma v. V.K.V. Sarma* (2013) that a 'relationship in the nature of marriage' requires cohabitation of significant duration, mutual intent to maintain a marital-like life, pooling of resources, and public representation as a couple — not mere casual or transient cohabitation.

Statutory Text

domestic relationship means a relationship between two persons who live or have, at any point of time, lived 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

Protection of Women from Domestic Violence Act, 2005, s. 2(f) — Definition of domestic relationship
Statutory Text

monetary relief may be granted to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence

Protection of Women from Domestic Violence Act, 2005, s. 20(1)(d) — Monetary relief

What Courts Have Said

Indian courts have consistently affirmed that live-in partners are entitled to protection under the DV Act — provided the relationship meets the legal threshold of being 'in the nature of marriage'.

Indra Sarma v. V.K.V. Sarma
Supreme Court of India · 2013

Laid down five criteria to determine if a live-in relationship qualifies as 'in the nature of marriage', including duration, shared household, financial interdependence, and social recognition.

D. Velusamy v. D. Patchaiammal
Supreme Court of India · 2010

Clarified that not all live-in relationships attract DV Act protection — only those resembling marriage in substance, excluding short-term or purely sexual arrangements.

What to Do

1

File an application before the local Magistrate under Section 12 of the DV Act — no court fee required.

2

Attach evidence: rent agreement, joint bank statements, photos, messages, witness affidavits proving cohabitation and marital-like conduct.

3

Request immediate relief: protection order (s. 18), residence order (s. 19), monetary relief (s. 20), or custody (s. 21).

4

Approach the local Protection Officer (appointed under s. 4) for free assistance in filing and implementation.

5

If abused physically or threatened, also file a police FIR under IPC Sections 498A or 323/506 — DV Act remedies run parallel to criminal proceedings.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.