- Research/Scholar Paper name – “Western Lifestyle, Indian Mindset: Legal & Social Challenges to Live-In Relationship in India
- Author: Rajat Maheshwari
- Co-Author: Purvi
- Institution: New Law College, Bharati Vidyapeeth University, Pune
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 24/06/2021
In India, any relation between man and women before marriage not to mention live-in relationship has always been considered unacceptable and illicit by society. in the contemporary world, the youth have a positive perception of live-in relationship. Though people in India have adopted the western lifestyle, they are unable to let go of their patriarchal thinking, norms and morals. Living in a patriarchal society, women have always been at the short end of the stick. In the case of live-in relationships as well, the women have not only been subjected to the harsh criticism of the society but also because of lack of legislation, the women in live-in relationships have been unable to get justice in case of being wronged and violated by their partners.
Further, we will see how the absence of legislation with regard to the live-in relationship could not stop the Indian judiciary from imparting justice. In various judgements throughout the years, the judicial system in our country has used the power of interpretation, to give a sense of legitimacy to live-in relationships, to make people especially the youth aware of their rights and duties arising out of such relationships and to give legal status to women and children born out of such relationships. It can also be said that the stance of the judiciary is clear that the absence of legislation does not mean that a person is clear of their all obligations and the other party would not have any way to seek justice. Also, the court has suggested the legislature make legislation on the same. We will also see how the judiciary in every judgement has been clear of the fact that live-in relationship might be immoral, illicit and unacceptable by society; it is not illegal or illegitimate and two majors have completed the right to engage in such relationships.