Published Online:April 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Adarsh Kumar Mishra and Srishti Sonkala
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:9
In India, live-in relationships are becoming more widespread and emerging as an attractive alternative to marriage. While it appears to be an anxiety-free option with no statutory obligations, there still are a lot of complexities, obligations, and legal liabilities involved. There have been attempts to bring live-in relationships under the umbrella of some legislation. It is not any more illegal in our country, and various rulings by the Supreme Court have set down the guidelines on child support, property, inheritance, and so on. However, various areas of uncertainty, such as official paperwork, cultural challenges, rights regarding property, and the LGBTQ community, require further consideration. The paper examines the social and legal implications of live-in relationships in India.
A live-in relationship refers to a situation wherein a couple lives together despite not getting married. Several countries globally have already embraced and legalized this notion. As stated by the Supreme Court, a live-in relationship between a male and a female who are in love is no longer illegal because it is considered an element of an individual’s right to life. The report of the Malimath Committee in 2003 paved the way for the monumental recommendations that ensued. It is pertinent to take into account that it specified the symbolic significance of the term “wife” and treated a woman who lives with her partner as a wife. Subsequently, relationships outside marriage were given legal backing by the Protection for Women against Domestic Violence Act (PWDVA), the first-ever segment of law to identify them as relationships just like marriage. In a bid to regulate the dynamics of this new social order, different attempts have been made to bring it under the scope of laws with regard to maintenance, property, domestic violence, and children’s legal status. However, socially and morally, it is always controversial and is not permissible in India.