Abstract
As society continues to evolve, new forms of relationships are emerging, one of which is the live-in relationship. Earlier, such relationships were rarely seen in India and were largely unknown or socially unacceptable. However, in recent times, especially in urban areas, live-in relationships have become more visible. Law generally develops on the basis of long-standing social practices due to which many changing social realities are often ignored or remain unregulated. Live-in relationships are one such reality that exists in society but lacks a clear and comprehensive legal framework in India.
However, the judiciary has played a crucial role in addressing this gap by acting as a guardian of constitutional values. Through various landmark judgments, courts have challenged traditional social thinking, broken orthodox beliefs, and protected the rights of consenting adults choosing to live together. The judiciary has consistently emphasized that cohabitation between adults is a matter of personal liberty, dignity, and choice, and should not be treated as a social taboo.
This article aims to explain the concept of live-in relationships. It examines the historical background of live-in relationships in India and analyses the changing judicial approach towards such relationships. The article also discusses the legal status of live-in relationships in India, including the rights of women and children, with reference to important judicial pronouncements. In the concluding part, the article highlights the existing legal gaps and suggests the need for a comprehensive law to regulate live-in relationships in India, so that the rights and responsibilities of partners are clearly defined and protected.
INTRODUCTION
Marriage as an institution developed mainly to regulate sexual relations and to ensure the legitimacy, proper upbringing, and psychological development of children in a stable family environment. However, with the advent of the industrial revolution and the spread of education, women gained greater access to economic independence. As a result, traditional human values, especially those relating to the relationship between husband and wife, began to change significantly.
Due to rapidly changing social morals and lifestyles, a new form of relationship has emerged in society in the form of non-marital relationships, commonly known as live-in relationships. A live-in relationship is a type of non-marital relationship where a man and a woman live together without formally getting married.
In Western countries, such relationships exist under different names such as common law marriages, informal marriages, marriage by habit, or deemed marriages. Live-in relationships represent a conscious choice to move away from traditional marriage and the stereotypes, restrictions, and inequalities that are often associated with it. In some countries, such relationships are legally recognized and granted certain rights similar to marriage, even though no formal marriage ceremony has taken place.