Syllabus: Social Issues
Context: Allahabad High Court ordered UP police to protect 12 live-in couples allegedly threatened by families, stating “living together without marriage cannot be termed offence”.
Live-in Relationships in India
- Legal Status
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- Live-in relationships are not explicitly governed by statutory law or custom in India.
- Legal recognition has evolved primarily through judicial interpretation by the Supreme Court.
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- Judicial Recognition
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- The Supreme Court has framed guidelines and protections through multiple judgments.
- Courts have expanded recognition while balancing constitutional morality and social realities.
- Key Supreme Court Judgments
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- Badri Prasad v. Dy. Director of Consolidation (1978) recognised long cohabitation as valid. The Court held relationships resembling marriage legal if age, consent, and capacity exist.
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- Lalita Toppo v. State of Jharkhand (2018) expanded relief under PWDVA, 2005. Live-in partners can claim broader remedies than those under CrPC, 1973.
- Bharatha Matha v. R. Vijay Renganathan (2010) upheld legitimacy of children. Children from live-in relationships can inherit ancestral undivided property.
- Indra Sarma v. V.K.V. Sarma (2013) clarified legality of consensual cohabitation. Live-in relationships between unmarried adults were held not illegal.
Impact on Marriage as an Institution
- Social Transformation
- Urbanisation, global exposure, and cosmopolitan values increased acceptance of cohabitation.
- Younger generations increasingly view live-in relationships as socially acceptable alternatives.
- Individual Autonomy
- Live-in relationships emphasise personal freedom and choice over traditional expectations.
- They challenge historically dominant arranged marriage structures.
- Changing Notions of Commitment
- Commitment is increasingly defined through emotional compatibility and communication.
- Marriage is no longer viewed as the sole marker of lifelong commitment.
- Compatibility Assessment
- Live-in arrangements allow testing domestic compatibility before marriage.
- They reduce risks associated with rigid or cumbersome marital procedures.
- Legal and Social Tensions
- Judicial recognition contrasts with limited social acceptance in conservative settings.
- These relationships provoke debates on family norms and legal reforms.
- Family and Economic Dimensions
- Live-in relationships challenge traditional family systems, causing intergenerational conflicts.
- Financial concerns regarding divorce, assets, and stability influence cohabitation choices.
Conclusion
- Legal ambiguity persists due to absence of dedicated legislation.
- Enacting a separate law on live-in relationships is necessary.
- Clear provisions are needed on rights and status of children from such unions.
