From Social Stigma To Legal Recognition: Judicial Trends In Live-In Relationships In India
- IJLLR Journal
- Jul 2
- 1 min read
Dr. Uma K. Shinde, JSPM University, Pune
ABSTRACT
The concept of live-in relationships has gained increasing social and legal recognition in India, reflecting changing societal attitudes towards personal relationships and individual autonomy. Although live-in relationships are not expressly governed by any specific legislation, the Indian judiciary has played a significant role in defining their legal status and safeguarding the rights of individuals involved in such relationships. Through a series of landmark judgments, courts have recognized live-in relationships as falling within the ambit of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. This article examines the evolving judicial approach towards live-in relationships in India and analyzes the legal protections available to partners, particularly women and children born from such unions. It explores key decisions of the Supreme Court and various High Courts that have addressed issues relating to maintenance, domestic violence, inheritance, legitimacy of children, and societal acceptance. The study further evaluates the extent to which judicial activism has filled legislative gaps in regulating non-marital relationships. The article argues that while judicial pronouncements have contributed significantly to the protection of rights arising from live-in relationships, the absence of a comprehensive statutory framework continues to create legal uncertainty. It concludes by emphasizing the need for clear legislative guidelines that balance individual freedom with social and legal responsibilities, ensuring greater clarity and protection for persons choosing to live outside the institution of marriage.
Keywords: Article 21, Live-in Relationship, Cohabitation, Judiciary, Legal Recognition.
