Live in Relationships: In Prospective of Family Law

Abstract

Introduction

Live-in relationships—cohabitation without marriage—are increasingly seen as a modern alternative to traditional marriage, offering personal freedom and flexibility. However, in India, these arrangements face significant legal and societal challenges, particularly affecting women and children.

Key Issues:

• Legal Ambiguity: Indian family law is primarily designed around marriage, offering little clarity or protection for cohabiting partners. Women often lack rights to maintenance, property, and inheritance, and children born from such relationships face issues of legitimacy and legal recognition.

• Judicial Interventions: Courts have made progressive rulings—for instance, granting maintenance under certain conditions and affirming the legitimacy of children born in live-in relationships—but these are inconsistent and not backed by a comprehensive legal framework.

• Social Stigma: Indian society, rooted in traditional and patriarchal values, often views live-in relationships as immoral. Women, in particular, face harsh judgment and exclusion. The lack of cultural acceptance worsens issues like abuse, abandonment, and discrimination.

• Gender Inequality: Women in live-in relationships are disproportionately vulnerable due to financial dependency, lack of legal recourse, and societal scrutiny. Patriarchal norms amplify their challenges compared to men.

• Cultural Conflict: The rise of cohabitation clashes with Indian traditions that consider marriage sacred. Issues like family honor, religious values, and community expectations create deep resistance to alternative relationship structures.

Evolving Trends:

• Urban Acceptance: In metropolitan cities like Mumbai, Delhi, and Bengaluru, live-in relationships are gaining traction, especially among young, educated, and financially independent individuals influenced by globalization and changing social norms.

• Judicial Recognition: Legal precedents have slowly acknowledged the rights of individuals in live-in relationships, citing Article 21 (right to life and liberty) of the Constitution. The Domestic Violence Act, 2005, and rulings like Tulsa v. Durghatiya (2008) provide some protections for women and children.

• Barriers Remain: Despite legal progress, live-in couples often face housing discrimination, inconsistent rights regarding custody and inheritance, and a lack of formal legislative protections.

Way Forward:

• Legal Reforms: A uniform legal framework is needed to recognize live-in relationships and address key issues such as maintenance, child custody, inheritance, and property rights.

• Awareness and Education: Promoting understanding and respect for individual choices through public education can help reduce societal stigma.

• Gender Equality: Empowering women and challenging patriarchal structures are essential to ensure fairness in all relationship types.

• Cultural Integration: Balancing traditional values with modern lifestyles requires open dialogue and gradual societal adaptation.

Conclusion:

Live-in relationships in India reflect a broader tension between modern values and traditional expectations. While legal interpretations have made some progress in recognizing such partnerships, societal acceptance remains limited. A holistic approach—combining legislative action, judicial clarity, public education, and gender-sensitive policies—is crucial to safeguarding the rights and dignity of individuals in cohabiting relationships.

Conclusion

Gender inequalities in cohabiting relationships arise from insufficient legal acknowledgment, societal prejudice, and enduring patriarchal standards. Women encounter considerable vulnerabilities in these situations, such as economic insecurity, restricted legal safeguards, and emotionalandsocietalhurdles.Theseinequalitiesunderscoretheimmediatenecessityforsystemic reform.Toestablishafairerframeworkforcohabitingrelationships,legalchangesmustformalize rightsandsafeguards,especiallyforwomenandchildren.Publicawarenessinitiativesareessential for breaking down societal prejudice and promoting acceptance of diverse family models.At the sametime,empoweringwomenthroughfinancialautonomyandresourceaccesscanmitigatethe disparities they encounter in these situations. In essence, tackling these issues necessitates a collective endeavor from lawmakers, judicial systems, and society to guarantee that cohabiting relationshipsofferequalchances,respect,andsafetyforallindividualsinvolved.Thisstrategycan close the divide between societal progress and legal structures, fostering a forward-thinking atmosphere where all types of partnerships are honored and safeguarded.

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Copyright

Copyright © 2025 Aditya Rathore. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.