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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 6, ISSUE 4 (2024)
The legal status of live-in relationships in India: evolution and judicial recognition
Authors
Ish Kumar
Abstract

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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Pages:114-118
How to cite this article:
Ish Kumar "The legal status of live-in relationships in India: evolution and judicial recognition". International Journal of Law, Policy and Social Review, Vol 6, Issue 4, 2024, Pages 114-118
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