Tejaswini Sugumaran, B.A. LL.B (Hons.), SASTRA Deemed to be University, Tanjavur
ABSTRACT
Modern-day world is characterised by the slow withdrawal from tradition and diving into individualism and rational organisations of society. Social institutions like marriage and family have undergone a huge transformation. Changes in the social fabric have brought about the transition from the concept of marriage to the emerging concept of live-in relationships. This paper is an attempt to explore the idea of a live-in relationship and how it is looked upon as a viable alternative for marriage and also in terms of how it is perceived by the society at large. It goes on to study the various reasons for the evolution of a new social institution akin to marriage but without the paradigm norms and rules. It also tries to analyse various legal developments including the amendments made to The Protection of Women from Domestic Violence Act, 2005 (PWDVA), The Malimath Committee report on amendments to Criminal Procedure Code, Maharashtra's amendment to Section 125 of Cr.P.C. and related judgements pronounced by the Honourable Supreme Court and various other High Courts. There has been much ambiguity in how the court interprets certain provisions in the amendments. It appears that there happens to be a mis-match between the legislations and its interpretations. The paper also tracks the legal viewpoints and judicial trends on the cases of live-in relationships and also discusses the position of female partners and of a child born out of live-in relationships from a legal connotation. It further goes on to explore legislations made by other countries with respect to protection of parties to a live-relationship. Though the concept of live-in is a newly emerging arena in the field of matrimony, there is a necessity and obligation for the government to legislate for such relationships to protect the rights of individuals. The couples who have tied the knots of live-in relationships are not governed by specific laws and therefore are compelled to find traces of assistance in other civil laws. Though Indian society opines that live-in relationships are immoral, it does not absolve the state from making laws for the protection of such couples. Because morality changes from society to society and from time to time. Every society is subject to change and so has the Indian society. The sense of belongingness and love has taken a different form called live-in relationships.
