Judicial Innovation: Recognition of Live-In Relationship in India

In most of the places it is legal for couples to live-in relationship without getting married although in Indian society unmarried couples living together is not considered good for the society and generally not accepted by Indian families. Few states still prohibit fornication, and any type of sexual relation between unmarried men and women. But such laws are no more enforced. There are no specific laws on the subject of live- in relationship nor it is recognized by the Hindu Marriage Act 1955.In absence of any statute the court did try to shed light on it though some of the judgments given in certain cases like *Badri Prasad vs. Deputy Director of Consolidation *Payal Katara vs. Superintendent Nari Niketan Kandri Vihar Agra and Others In case of S. Khushboo vs. Kanniammal & Anr. The court held that “LIVING TOGETHER IS THE RIGHT TO LIFE”. Domestic violence Act 2005 For the very first time in the protection of women from the domestic violence Act,2005(pwdva) the legislature has acknowledged live-in relationship by giving rights and protection to those females who are not married and living with a male partner in a relationship. Live in relationship has always been a debatable topic and in the present time it is one of the most focused topic as many new cases are coming in Indian courts related to rights and advantages that are given to the couples who are considering live in relationship over marriage. There are many laws which are formed regarding live in relationship recently and many of the couples are choosing to live together without any bondations of marriage and any type of religious ceremonies or any of the legal bondations by any type of legal authority.