Live-in
relationships have emerged as a significant social phenomenon in India
reflecting changing attitudes toward personal autonomy along with gender
equality and traditional family structures. This paper examines the historical
evolution of cohabitation outside marriage while tracing its gradual acceptance
from social taboo to a subject of legislative plus judicial attention. The
study explores societal perceptions along with their impact on couples who
choose non marital cohabitation while highlighting challenges related to social
stigma, economic vulnerability and the protection of individual rights. It then
evaluates the current legal status of live-in partnerships under Indian law
while noting key statutory provisions such as the Protection
of Women from Domestic Violence Act
and the lacunae where formal recognition remains absent. A comparative analysis
with jurisdictions like the United Kingdom and Australia reveals diverse approaches to cohabitation rights
along with inheritance and maintenance, while offering valuable lessons for
potential legislative reforms in India. The paper reviews landmark judgments
from the Supreme Court plus various high courts including Gurwinder
Singh & Anr. v. State of Punjab, ABC v. State of Maharashtra and X
v. Y which collectively affirm the
right of consenting adults to privacy plus personal liberty under Article 21 of
the Constitution. These rulings underscore the judiciary’s role in safeguarding
individual freedoms while simultaneously drawing attention to the need for a
comprehensive statutory framework to address inheritance, maintenance and
protection against abuse. The study underscores that judicial pronouncements
have provided essential protection to live-in partners, yet gaps in statutory
recognition continue to leave couples vulnerable. The paper recommends that
Parliament enact dedicated legislation to define the rights, obligations of
live-in partners while encompassing property rights, maintenance and mechanisms
for redressal of domestic violence. It also suggests public awareness campaigns
to reduce societal stigma while promoting understanding of personal autonomy.
By bridging legal lacunae plus encouraging social acceptance, India can ensure
that individuals in live-in relationships enjoy security, equality and dignity
in accordance with constitutional values.
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