Research Scholar at Maharashtra National Law University, Nagpur, India
Live-in relationships are not a new phenomenon in Indian society, though their recognition and prevalence have notably increased in recent years, particularly in urban areas. The changing social landscape, increased individual autonomy, and evolving cultural attitudes have contributed to a gradual shift in the traditional perception of cohabitation outside marriage. However, this shift brings forth critical legal questions regarding the rights, responsibilities, and remedies available to partners, especially when such relationships come to an end. While Indian courts have progressively acknowledged live-in relationships under the ambit of the right to life and personal liberty enshrined in Article 21 of the Constitution, the lack of a specific legislative framework continues to result in ambiguity and inconsistent judicial decisions. This is particularly evident in matters related to maintenance, property division, protection from domestic violence, child custody, and inheritance. The judicial interpretations under laws such as the Protection of Women from Domestic Violence Act, 2005 and the Criminal Procedure Code provide some relief, but only on a case-by-case basis and often after substantial legal hurdles. This article critically examines the legal evolution, statutory provisions, and key judicial pronouncements surrounding live-in relationships in India, with a special focus on the challenges that arise upon the breakdown of such unions. It also draws upon comparative legal frameworks from other jurisdictions to highlight the need for a comprehensive and uniform statutory regime in India to ensure clarity, consistency, and justice for all parties involved.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2539 - 2543
DOI: https://doij.org/10.10000/IJLMH.119894This 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.
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