Live-in Relationship Certificate

Understanding Legal Framework, Process & Importance in India

What is a Live-in Relationship Certificate?

A Live-in Relationship Certificate (more commonly a joint live-in affidavit) is a notarized declaration signed by two consenting adults who are cohabiting as partners without being legally married. While not a mandatory statutory registration, it serves as supporting documentary evidence of your cohabitation for purposes such as legal protection, police verification, visa processing, housing, and certain civil claims.

Legal Framework in India

  • Article 21, Constitution of India: The right to life & personal liberty includes the freedom to cohabit with a partner of one’s choice.
  • Indian Evidence Act, 1872 (Sec. 114): Long-term cohabitation may raise a presumption of marriage in some contexts.
  • Protection of Women from Domestic Violence Act, 2005 (Sec. 2(f)): Extends protection to women in a relationship “in the nature of marriage.”
  • Key Judicial Rulings:
    • Indra Sarma v. V.K.V. Sarma (2013) – Guidance on what amounts to a relationship in the nature of marriage.
    • S. Khushboo v. Kanniammal (2010) – Live-in relationships not per se illegal or immoral.
    • Lata Singh v. State of UP (2006) – Adults free to live together without marriage.
Note: Courts look at the duration, shared household, social presentation, financial interdependence, and intent to determine whether a live-in resembles marriage for limited rights (maintenance, protection, etc.).

What Does the Certificate / Affidavit Contain?

  • Full names, ages, and current residential addresses of both partners.
  • Statement that both are majors (18+ woman / 21+ man) and acting voluntarily.
  • Declaration that neither partner is presently in a valid subsisting marriage.
  • Statement that the couple resides together at a given address from a stated date.
  • Optional: Joint responsibility clause (expenses, dependents, emergency contact).
  • Attachment: Recent photographs & self-attested ID proofs.

How to Get a Live-in Relationship Affidavit Notarized

1 Agree on the exact declaration text (template below) and gather both partners’ ID proofs.
2 Purchase a non-judicial stamp paper (₹10, ₹20, ₹50, or denomination required by local practice—₹100 recommended for wider acceptance).
3 Draft the affidavit on the stamp paper (typed + printed) and affix passport photos.
4 Appear before a Notary Public with 1–2 witnesses; sign in their presence.
5 Notary attests, seals, and registers in their notarial records; obtain stamped copy or scanned e-copy.

Key Legal Conditions

  • Both parties must be legally competent adults (18+ female; 21+ male; some notaries accept 18+ both – check local rule).
  • Consent must be free, voluntary, and without coercion.
  • No existing valid marriage (if divorced/widowed, mention status).
  • Intention to cohabit on a stable/continuous basis (not a brief stay).
  • Provide accurate address where the couple currently resides.

Uses & Legal Importance

  • Supporting document in Domestic Violence Act complaints for protection/maintenance.
  • Useful for police verification, rental agreements, PG/hostel accommodation.
  • May help in visa / immigration / dependent partner applications (varies by country).
  • Evidence for joint medical consent, emergency contact, or insurance nominations.
  • Proof of cohabitation in certain pension, HR, or benefits disputes (case-specific).
Medical & Hospital Use

Attach your affidavit when requesting shared rooming, medical updates, or next-of-kin recognition where marriage proof is asked.

Rental / Housing Support

Some landlords ask for relationship proof; a notarized live-in affidavit + ID copies helps reduce objections.

Police Protection

If facing family threats, this affidavit supports police protection requests as evidence of adult consensual cohabitation.

Legal Limitations

Issue Concern
Inheritance Rights No automatic spousal inheritance. Use a Will, nomination, or joint ownership.
Child Legitimacy Supreme Court has recognized legitimacy of children from stable live-in unions; documentation still advised.
Family Opposition Affidavit may help with police support but does not compel family acceptance.
Unequal Protections Women protected under DV Act; men have limited direct remedies absent contract/recourse.

Documents Required

Aadhaar / PAN / Passport (both)
Recent passport photos
Current residential proof
Non-judicial stamp paper
Witness ID proof
Optional: Past address proof / tenancy

Sample Draft (Copy-Paste Friendly)

AFFIDAVIT / DECLARATION OF LIVE-IN RELATIONSHIP
(On Non-Judicial Stamp Paper of Rs. _____)

We, the undersigned:
1. ______________________ (Name), Age: ___, S/o / D/o ______________________, presently residing at ______________________________________, ID Proof: ____________ (No: __________), hereinafter referred to as "First Deponent"; and
2. ______________________ (Name), Age: ___, S/o / D/o ______________________, presently residing at ______________________________________, ID Proof: ____________ (No: __________), hereinafter referred to as "Second Deponent";

DO HEREBY SOLEMNLY AFFIRM & DECLARE AS UNDER:
1. That we are both majors under Indian law and are competent to contract.
2. That we are not related to each other within prohibited degrees of relationship under personal law (optional—edit as needed).
3. That neither of us is in a valid subsisting marriage as on date of this affidavit. (If divorced/widowed, mention details.)
4. That we have been voluntarily living together in a committed live-in relationship (in the nature of marriage) since __/__/____ at the address ______________________________________.
5. That we intend to continue to reside together and treat each other as partners.
6. That this affidavit may be produced before any authority for the limited purpose of proving cohabitation / relationship status.

We verify that the above statements are true and correct.

Place: ____________            Date: __/__/____

_____________________         _____________________
First Deponent                 Second Deponent

Witness 1: __________________  Witness 2: __________________
Notary Seal & Signature

Frequently Asked Questions (FAQ)

No. Indian law does not mandate registration of live-in relationships. However, a notarized affidavit can serve as supporting evidence in legal, administrative, or immigration matters.

There is no centralized government registry for live-in partnerships in India. The accepted practice is executing a joint affidavit before a Notary (or, in some cases, before an Executive Magistrate).

Women in live-in relationships may seek relief under the Domestic Violence Act if the relationship qualifies as being "in the nature of marriage." Courts examine duration, shared household, and social recognition.

Yes. Indian courts have recognized legitimacy of children from stable live-in unions. They are generally entitled to inheritance from parents. Documentation of paternity remains important.

Often yes. Many consulates accept supporting affidavits to establish relationship proof when a marriage certificate is unavailable. Police may also accept it for address/residency or protection requests.

You can add optional clauses on shared expenses, dependents, or next-of-kin intent. For enforceable financial terms, consider a cohabitation agreement or partnership contract.