Live in Relationships: A Social Obligation or a Judicial? How Women Fare Worse in Such Relationships

This paper explores the legal and social complexities surrounding live-in relationships in India, focusing on the role of the judiciary in balancing constitutional rights with prevailing social morality. It highlights the tension between the traditional sanctity of marriage and the increasing recognition of individual autonomy in choosing non-marital relationships. Through an analysis of judicial decisions, the paper identifies inconsistencies and potential bias in court approaches toward live-in couples. A key concern is the vulnerability of women in such relationships, particularly in the absence of comprehensive legal protections compared to marriage, exposing them to risks like intimate partner violence and financial insecurity. While courts have gradually extended limited recognition to relationships “in the nature of marriage,” these safeguards remain inadequate. The paper concludes by advocating for clear legislative frameworks to regulate live-in relationships, ensure protection of women’s rights, and promote consistency in judicial interpretation while respecting constitutional freedoms.