Legal Rights of Women in Live in Relationships in India: Judicial Interpretations and Legislative Safeguards

  • Pooja Sharma and Aval Yadav
  • Show Author Details
  • Pooja Sharma

    Assistant Professor at Apex School of Law, Apex University, Jaipur, India

  • Aval Yadav

    Advocate at Rajasthan high Court, Jaipur, India

  • img Download Full Paper

Abstract

This paper examines the evolving legal rights of women in live in relationships in India. The rights of women within relationships in India have become a critical subject of legal, social and cultural discourse in recent decades. Traditionally, gender roles were shaped by patriarchal norms that often limited women’s autonomy and decision-making power in marital and domestic spheres. However, the constitutional guarantee of equality and subsequent legal reforms have gradually expanded the recognition of women’s rights in relationships, particularly in areas of marriage, divorce, maintenance, and protection from violence. The enactment of laws such as the Protection of Women from Domestic Violence Act (2005) and amendments to the Hindu Marriage Act and other personal laws underscore the state’s effort to ensure dignity and security for women in intimate partnerships. Beyond legal frameworks, social awareness and feminist movements have contributed to redefining the understanding of consent, agency, and respect in relationships. Despite these advances, challenges persist due to deep-rooted cultural practices, lack of effective enforcement, and societal resistance to change. Therefore, examining women’s rights in relationships in India highlights both the progress made and the barriers that continue to undermine gender justice. Strengthening awareness, legal literacy, and institutional support remains essential for ensuring equitable and respectful partnerships. Obtaining all the constitutional provisions, legislative frameworks, and judicial precedents, This paper explores rights of women relating to domestic violence protection, maintenance, property, and children’s legitimacy. Given societal constraints and legislative gaps, the study is emphasising on the need for clearer legal statutes to ensure gender justice and protection of women’s rights.

Keywords

  • Women’s legal rights
  • Live-in relationships in India
  • Legal framework
  • Gender justice
  • Cohabitation
  • Judicial interpretation
  • Domestic violence protection
  • Section 114 Indian Evidence Act
  • Right to Residence
  • Legitimacy of Children
  • Women’s Autonomy and Dignity
  • Succession Rights in Live in Relationship
  • Bigamy and Fraudulent Relationship
  • Social Stigma and enforcement challenges

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 5, Page 274 - 287

DOI: https://doij.org/10.10000/IJLMH.1110759

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021