The Progressive Approach of Indian Judiciary in Affirming the Rights of Female Partners in Live-in Relationships

The concept of live-in relationships has recently experienced significant growth. As India is a country where multiple religions are being practiced, every religion recognizes marriage as permissible and considers live-in relationships as sinful and morally wrong. Over time, all societies transform. The world still views India as a nation where marriage holds a sacred status both theoretically and practically. At present, no legislation in India has explicitly conceptualized the scope of the practice of live-in relationships. The Protection of Women from Domestic Violence Act, 2005 is the first law that has recognized live-in relationships and provided protection to female partners in its ambit by interpreting its various provisions of law. Due to the inadequacy of existing law to address the issues and challenges relating to live-in relationships, the Indian judiciary has rendered rulings that serve as the country's legal guidelines. Given various interpretations of laws through judicial pronouncements, the legitimacy of live-in relationships is studied in detail. The rights of the female partners in live-in relationships concerning maintenance, domestic violence, inheritance, and legal rights of the children born outside the marriage and its dissolution have been discussed. In India, recently the Uttarakhand Uniform Civil Code, 2024 has been passed which covers the registration and termination of live-in relationships. The paper concludes with the suggestion for the enactment of specific laws to govern live-in relationships in India.