A major psychological boost to couples who are in live-in relationships. Supreme Court recently removed the disgrace from such connections saying that it has now become accepted norm in society. “In modern times, live-in relationship has become acceptable. It is not a crime” a Bench of Justice Dipak Misra and Prafulla C Pant observed. India is constantly changing its beliefs and norms and witnesses a drastic change in the way the present generation perceives their relationships. Society has opened up about the idea of premarital sex and live-in relationships. This changed mindset is due to freedom, privacy, education and globalization. Supreme Court in judgment said two adult couples are staying together is the part of the right to life not a ‘criminal offence ‘. Therefore live-in relationships are legal in India. However it also stated that if a man and woman “lived like husband and wife” in a long-term relationship and even had children, the judiciary will assume that they are married and same laws would be applicable.
Live-in-relationship can be defined as an agreement of living together by unmarried couples for the purpose of conducting long-going relationship similarly as in marriage. Live-in relationship handles matter of premarital sex, but those couples who are maintaining relations don’t mind such things. Overall, this relation builds up harmony between the couples, but spoils their social influence.Legal system of traditional country like India had to face lots of ordeals, giving legality to live-in-relationships for many years. And all the efforts came to a positive end when Supreme Court successfully solved this controversial discussion.
Yet it is difficult for common man to believe and accept this kind of relationship. For the sake of protection of aggrieved live-in partner, if any, the Protection of Women from Domestic Violence Act provides from the protection and maintenance and granting the right of alimony to the same.
Another aspect in giving right to maintenance to lady party is Indian Courts have widened the scope of maintenance under Criminal Procedure Code and extended u/s 125, to give legal right of maintenance to lady partners in or out of a marriage. Supreme Court also allowed live-in relationships is covered under Domestic Violence Act an attempt to protect women from abusive relationships. However, live in relationships are not allowed to adopt kids but they can have their own kids If they are living together for a long time.
Every judgment comes with its pros and cons, similarly with live-in relationships becoming legal in India. Its pros can be briefed under:
Some of its cons can be briefed under: