The Rise Of Live-In Relationships In India: Legal, Social, And Judicial Insights
Priya Narayanan Subramanian
Assistant Professor, School of Law, Sastra Deemed To Be University, Thirumalaisamudram, Thanjavur, Tamil Nadu, India
Abstract
Marriage is one of India's prominent social institutions with more rituals and traditions. Marriages are considered sacramental, legalising a connection between men and women. Indian society, after the British invasion, has mostly accultured to Western culture, where there is a concept of Live-in relationships where men and women cohabit without the institution of marriage. Though the Live-in relationship seems to be an odd concept in India, a marriage in ancient India called Gandharva marriage in which the bride and groom, based on mutual understanding, live together without the consent of elders or their parents. These marriages slowly declined due to the invasion of other rulers and some on moral grounds of choosing their partners. In modern society, this tradition has gotten a new name: Live-in relationship. The demographic transition with the development of education caused transformation within families. Many individuals postpone their marriage till they achieve economic stability and the desired level of education. They tend to be in a Live-in relationship to test the partners' compatibility, and a live-in relationship is considered a search for a good partner. The economic liberalisation influence of media from Western countries has led to a significant increase in live-in relationships in India. There was an increase in individualism after the capitalist society when there was a focus only on the individual interest, so people focused on their interest in marriage as the freedom to choose their partners and test their compatibility. In India, a Live-in relationship is not unlawful. It is not accepted in many parts of society because people think it may increase adultery. No particular law deals with live-in relationships; even without legislation, many judgments have been given in favour of live-in relationships. The Hon’ble Courts protected females' and children’s rights through the Protection of Women from Domestic Violence Act 2005. According to Article 21 of the Constitution, every citizen's right to marry is an inalienable fundamental right. They can be married or be in a live-in relationship. It is their choice. Section 125 of the Criminal Procedure Code, 1973 states that a woman from a marriage like a connection is also eligible for maintenance.