LIVE-IN RELATIONSHIP: AN ANALYSIS OF SOCIOLOGICAL AND LEGAL FRAMEWORK

Abstract [English]

With growing Westernization and liberal views pouring in, Indians, especially the newer generation now a days are embracing such ideas readily. Growing individualism has been seen as the epicentre for modern ideas like “live-in relationship”, “marrying a person of choice ignoring caste and religion lines”, etc. The present study is undertaken to find the sociological and legal position of Live-in relationship in India. For this purpose, data is generally collected using secondary resources. It mostly involves romance and sexual intimacy. In a live-in relationship, couples (mostly unmarried) live together with their own free will. In such relation, couples face social stigma, especially in India where society seeks sanctity of marriage and sees the couple in such relation as a direct challenge to current status quo as well as disrespect to the existing culture. Live-in relationship is a living arrangement where an unmarried couple lives in a relationship like a marriage under the same roof in the long run. This is currently seen in the metropolitan towns as an alternative to marriage. Although no legal definition exists, it usually means living together as a couple without marriage. The Hindu Marriage Act, 1955 or other statutory law does not recognise this form of coexistence. Indian law does not grant the parties in living relations any rights or obligations. The status of children born in such relationship is also unclear and thus, through different judgements, the Court has clarified the concept of living in relationships. The article aims to measure India's current status as an individual living partner. The article also attempts to examine recent developments in the courts' attitude towards granting different rights for living partners in India by means of judgments. It also analyses the trend in other legal systems and laws in comparison.