Akash Kumar, LL.M, CNLU Patna
ABSTRACT
A nation like India is gradually moving towards western ideas and culture, one of which is the concept of live-in relationships, which is pertinent to this study. In India, living together is frequently seen as impure and prohibited. This practise is becoming more prevalent, especially in urban and major cities. Manu claims that although premarital relationships were common in the past, they did exist. In India, the idea of a live-in relationship is not new; it was formerly known as maitri-karar, in which two people of the opposite sex formed a formal agreement to live together as friends and take care of one another. It was said that these relationships were eroding the revered institution of marriage. Modernization and liberal thought have led to a shift towards a new idea, notably the live-in partnership. Legislation is essential for bringing about social change, and the Indian court has paved the way for it with regard to the idea of a live-in relationship. A live-in relationship is essentially when two consenting adults of opposite sex, whether they are married or not, live together for an extended length of time without exchanging vows. The main question this essay addresses is whether such relationships are recognised by Hindu personal law. It also examines the legitimacy, guardianship, and inheritance rights of children born out of such relationships, as well as the protection of women in such relationships from domestic abuse and the status of such relationships in comparison to marriage. This essay also covers the legal perspective on such relationships and whether or not it has to be legalised. Also, several recommendations have been made to strengthen the role of the woman in these relationships. The article's conclusion emphasises the fact that it is challenging, if not impossible, to include the idea of intimate relationships into the personal rules controlling the institution of marriage and its associated issues.
