INTRODUCTION: The two sides of the same coin are law and society. One requires the other, and law cannot afford to remain static in today’s world. Since the beginning of time, the law has played an important role in shaping society through its rules and regulations. The history of the formation of Hindu law demonstrates that the law was never static and has changed over time in response to changing societal patterns.

In the last few years, the Indian society has seen a significant shift in its social pattern; in response to the fast-changing globe, Indians are increasingly opening the doors of western culture to the concepts of premarital sex and live-in relationships. There is no explicit legislation or rules in India that regulate live-in relationships. In several judgments, the Supreme Court of India has established instructions for dealing with such partnerships in India.

MEANING OF LIVE-IN RELATIONSHIP: A live-in relationship is merely a contractual arrangement between two people; once one of them decides that he or she no longer wants to be in such a relationship, the partnership ends. As a result, it is known as a walk-in and walk-out relationship. Live-in relationships are neither a crime nor a sin, yet they are frowned upon in Indian society to some extent. In a country like India, where marriage is seen as a societal foundation for establishing the legality of a man-woman connection, the concept of a live-in relationship has added a new dimension to the men-women relationship.

LIVE-IN RELATIONSHIPS IN INDIA: In India, live-in relationships have been discussed for years, but there is no law binding the partners to one other if one of them wishes to end the relationship.

A legal definition of a live-in relationship has yet to be established, as there is no such term. As previously stated, the court determines a wife’s right to maintenance based on the Protection of Women from Domestic Violence Act of 2005 and the facts of the case.

Though the concept of a live-in relationship is still controversial in India and is not publicly acknowledged by society, the Protection of Women from Domestic Violence Act, 2005 provides maintenance and protection to an aggrieved live-in spouse by awarding alimony.

THE LEGAL STATUS OF LIVE-IN RELATIONSHIPS IN INDIA: In Western countries, a couple in a relationship is more widely accepted. Civil and union agreements, legal recognition, and prenuptial agreements between couples can all be used to explain this. In India, however, it is not the same. In most Western Apex Courts, it was decided that if a man and a woman have been in a live-in relationship for a long time and had children, the same marital laws that apply to husband and wife will apply to them.

The Supreme Court of India has even said that a woman and a man living together is a choice that falls under the right to life. As a result, it is not a crime. As a result, live-in relationships are legal in India.

PROTECTION OF CHILDREN AND WOMEN OF A LIVE-IN RELATIONSHIP FROM EXPLOITATION:
1.) MAINTENANCE OF THE FEMALE PARTNER– All of India’s personal laws protect women by granting them the right to maintenance. However, none of the religions welcomes or recognizes a live-in partnership. As a result, the Indian courts sought to address this issue by expanding the definition of maintenance under the Code of Criminal Procedure, 1973. Both in and out of marriage, the female spouse has a legal claim to maintenance under Section 125 of the act.

2.) DOMESTIC VIOLENCE WITH THE FEMALE PARTNER OR CHILDREN BORN OUT OF A LIVE-IN RELATIONSHIP– The 2005 Protection of Women from Domestic Violence Act was passed to protect Indian women from violent marriages (mental, verbal, economic, and physical). Section 2(f) of the legislation protects the female partner in a live-in relationship. It applies to married women as well as women living in a “relationship in nature of marriage.”

In light of these considerations, the Honourable Supreme Court of India has permitted live-in partnerships in a few circumstances, as long as they fall within the range of the law.

3.) LEGITIMACY AND INHERITANCE RIGHTS OF CHILDREN BORN OUT OF A LIVE-IN RELATIONSHIP– The Hindu Marriage Act of 1955, section 16, discusses children’s inheritance rights and grants legal validity to an illegitimate child (born out of marriage or living in) solely for the purpose of inheritance. As a result, children born as a result of a live-in relationship are given inheritance rights. Both ancestral and self-bought properties are covered by these rights.

4.) CUSTODY AND MAINTENANCE RIGHTS OF CHILDREN BORN OUT OF A LIVE-IN RELATIONSHIP– Personal marriage rules govern the maintenance rights of children born out of ordinary marriages, and they also apply to children born out of live-in relationships. It differs from one state to the next. For example, under Muslim law, a father is not responsible for the upkeep of a kid born outside of marriage, yet under Hindu law, the father is.

Furthermore, section 125 of the Code of Criminal Procedure, 1973, provides a legal right of maintenance to both the wife, female companion, and children for children who cannot claim maintenance under personal laws.

CONCLUSION: Although the judiciary has recognized live-in relationships in numerous decisions, they nevertheless lack social recognition and are taboo in some circles.

It is a personal decision that should be free of societal constraints. While one should not be criticized for considering a live-in relationship if one believes in the concept of holy matrimony. As a result, adequate legislative enactments are required to protect the rights and interests of the people involved in such a relationship.

ENDNOTES: http://www.legalservicesindia.com/article/211/Live-in-Relationships.html

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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