Rashmita Rana, Xavier School of Law
Introduction
Live-in relationships in India have gained popularity over the years, but they exist in a somewhat legal gray area. Here is an overview of their legality and some of the challenges associated with them. Discussing about the status-quo of live-in relationship, till now there is no specific legislation existed in India like some western countries. The lack of regulation in India leaves the couples in a state of uncertainty. Further, the top court has recognized live-in relationships as a legitimate way of life and has accorded legal status to partners in such relationships. In several landmark judgments, the court has held that women in live-in relationships are entitled to rights like those of legally married women, such as maintenance and protection from domestic violence.
The growing trend of live-in couples and the change in attitude towards social bonds have had an impact on Indian mentality. This is demonstrated by a recent decision made by the Delhi High Court In a civil case involving personal injury, the guy had lied about being married even though the pair had been together for fourteen years. The woman had also become a homemaker, treated the man as her spouse, and had given birth to and reared two of his kids. The lady shouldn’t have her constitutional rights violated, the court ruled, considering the nature of the relationship and the previously indicated considerations, had given birth to and reared two of his children, and saw him as her spouse. According to the personal law that applies to Hindus, who make up over 80% of all Indians, the court decided that the lady should not be denied her right to maintenance because of the nature of the relationship and the aforementioned conditions. The court went on to say that in these circumstances, the male would be rewarded for lying to the woman and cheating on her, thus withholding assistance would be tantamount to that. Under the current maintenance laws, a woman in a live-in relationship is not eligible for maintenance.
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