The only thing that is constant in this world is change, as the saying goes. In the last several years, Indian society has seen a significant shift in its lifestyle. Premarital sex and live-in relationships are slowly but steadily becoming more acceptable. However, because such conceptions lack legality and support in society, this movement has been constantly criticised and hotly debated. Partners in live-in relationships, unlike married couples, are not married to each other but live together under the same roof in a relationship that resembles marriage. To put it another way, it’s a cohabitation. In India, only those partnerships between a man and a woman are regarded genuine if the two have married according to existing marriage laws; otherwise, all other types of partnerships are regarded illegitimate.
People opt to live together before getting married to evaluate their compatibility. It also shields couples from the burden of family drama and protracted legal proceedings in the event that the pair decides to split up. Whatever the cause, it is clear that in a traditional society like ours, where marriage is seen as a sacred institution. As a result of these circumstances, many legal and social issues have arisen, and they have become the subject of debate. Many cases have been documented and experienced over time in which partners in live-in relationships, or children born from such relationships, have been left vulnerable because such relationships were kept outside the legal framework. Partners in live-in relationships have misused their power because they do not have any duties or responsibilities. The purpose of this article is to examine the legal response to the concept of live-in relationships thus far. It also discusses the rights that live-in partners have in India, as well as the legal status of children born from such relationships. There is no explicit legislation in India that governs live-in partnerships.
There is no statute defining the rights and obligations of parties in a live-in relationship, nor the legal status of children born to such couples. The legal status of such relationships is likewise ambiguous because there is no legal definition of a live-in relationship . In India, parties in live-in relationships have no legal rights or responsibilities . However, the concept of a live-in relationship has been clarified by a number of court cases. Despite the fact that the law is still ambiguous concerning the legality of such partnerships, a few rights have been granted by interpreting and altering existing legislations in order to prohibit the misuse of such connections.
What does Indian Judiciary say?
The Indian courts has stepped forward to fill the hole caused by the lack of a specific statute governing live-in relationships. It may be ethically reprehensible in the eyes of society, but it is not considered “illegal” under the law. The Indian judiciary’s goal is to provide justice to live-in spouses who were previously unprotected by any laws when they were exposed to domestic violence. Such relationships are neither either encouraged nor prohibited by the courts. It is only concerned that there be no errors in the legal system. As a result, when making judgements, the judiciary has taken into account a wide range of factors, including societal norms as well as constitutional values.
The live-in relationship has long been a source of controversy since it poses a danger to our core society structure. It is not considered a crime because there is no law prohibiting this type of relationship as of now. In order to provide justice to women who have been victims of live-in relationships, the Indian judiciary has taken steps, issued interpretations, and implemented such arrangements. India has yet to legalise it, which entails enacting specific legislation. There is currently no legislation or statute that controls topics such as succession, maintenance, and guardianship in live-in couples.